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Expert Analysis

Domestic Relations And Health Information Post-Byrne

Law360, New York (March 19, 2015, 12:46 PM EDT) -- The November 2014 Connecticut Supreme Court opinion in the case of Byrne v. Avery Center for Obstetrics and Gynecology PC has been widely discussed. The main focus of such discussion has usually been the Byrne case's recognition of the potential use of the Health Insurance Portability and Accountability Act's requirements as a standard of care in a state breach of privacy lawsuit, even though an individual cannot sue under HIPAA itself. Indeed, the Connecticut case is significant because it may spawn copycat lawsuits in other jurisdictions to use HIPAA the same way for state breaches of privacy, negligence and other causes of action....

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