[ Monday, October 03, 2005 ]
Louisiana HIPAA Preemption Decision: In this case
, a Louisiana appeals court looks at HIPAA and the state statute regarding the disclosure of medical records pursuant to a subpoena, and finds them compatable. Therefore, HIPAA does not preempt the state statute, since it is fairly easy to meet both statutes with the same set of facts. The court did find that the state prosecutor didn't do the necessary things to meet either statute, though, so the state's case was thrown out. Nice work by the defense lawyer.
Of course, the best part of the decision is this: "HIPAA is a massive federal statute that consists of extensive regulations." This court gets it, for sure.
Hat tip: Alan Goldberg.
Jeff [10:54 AM]
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