[ Friday, April 21, 2017 ]
It's Hard to Violate HIPAA When You're Not Covered By It:
Jeff [1:32 PM]
A New York trial court has ruled
that the New York Organ Donor Network can't refuse to hand over records to a whistleblower because of HIPAA. A disgruntled ex-employee, who claims he was fired for whistleblowing, is seeking records from the Donor Network, which sought to avoid discovery of the records due to HIPAA. The trial judge denied their motion for failing to identify a federal or state regulation that would prohibit disclosure. The Donor Network is not a HIPAA covered entity nor it is a business associate; therefore, structurally, it is not subject to HIPAA, and can't use HIPAA to refuse to disclose data that is discoverable in litigation. Nor did the court accept the Donor Network's argument that even though it's not a HIPAA-covered entity, the information is sensitive and should not be revealed.
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