[ Monday, April 15, 2013 ]
Interesting HIPAA preemption case: The 11th Circuit has ruled
Jeff [12:21 AM]
that a Florida rule that requires nursing homes to give PHI of deceased patients to the next of kin is superseded by HIPAA's privacy requirements, which only allow the information to be given to the "personal representative," or executor of the estate. Interestingly, HIPAA's "required by law" allowance was not sufficient to allow the disclosures in a manner that would meet both the state law requirements and HIPAA. I think this one may go to the Supreme Court, if they're willing waste time on a HIPAA preemption case.
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