[Med-privacy] 7th Circuit ruling

[pmarshall]

*** Court: HIPAA Privacy Rule Does Not Create New Physician-Patient Privilege ***


On March 26th, the US Court of Appeals for the 7th Circuit ruled that 
the HIPAA Privacy Rule does not create a new federal physician-patient 
privilege (Northwestern Memorial Hospital v. Ashcroft [Case No. 
04-1379]). In the ongoing controversy challenging the constitutionality 
of the Partial-Birth Abortion Act, the court determined that 
Northwestern Memorial Hospital was not required to comply with the 
Justice Department's subpoena for medical records on abortion patients. 
In doing so, it rejected the lower court's reasoning that HIPAA imposed 
state physician-patient privileges on federal suits.

Read more: http://www.hipaadvisory.com/news/index.cfm#0330hpi