State Law Negligence Claims May Be Coming Under HIPAA

Law360, New York (November 26, 2014, 11:38 AM EST) -- Health care providers receiving a subpoena for patient medical records may want to think twice before complying with the subpoena and producing the records. A recent Connecticut case, Byrne v. Avery Center for Obstetrics and Gynecology PC, arose when the defendant gynecology center received a subpoena to produce the medical records of its patient, who was also a party in a separate action, and the center complied with the subpoena by producing the medical records. The center did not obtain its patient’s authorization and had not...
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