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ARTICLE · 05 JANUARY 2015

Connecticut Expands HIPAA Liability

Jones Day
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The court held that HIPAA was not intended to preempt state tort actions arising from unauthorized release of medical records.

United StatesPrivacy

On November 11, the Connecticut Supreme Court ruled that the Health Insurance Portability and Accountability Act ("HIPAA") does not preempt state negligence claims for unlawful exposure of confidential health data. The court reversed a trial court decision holding that HIPAA preempts state actions related to confidentiality of medical information. The court held that HIPAA was not intended to preempt state tort actions arising from unauthorized release of medical records.

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