Breach of HIPAA Confidentiality
Byrne v. Avery Center for Obstetrics & Gynecology, P.C., 314 Conn. 433 (2018)
The plaintiff claimed that the defendant improperly breached her confidentiality by complying with a subpoena for her medical records without her authorization. The trial court dismissed the plaintiff’s claim on the grounds that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) did not establish a private right of action, and further that HIPAA preempted any state laws contrary to it. The Connecticut Supreme Court reversed the trial court’s decision, concluding that HIPAA did not preempt the plaintiff’s common law causes of action for negligence or negligent infliction of emotional distress in state court because (1) Connecticut common law provides a remedy for breach of confidentiality of medical records by a healthcare provider, even where the healthcare provider is complying with a subpoena, and (2) HIPAA can be used to inform standard of care inquiries arising from a claimant’s allegations of negligent disclosure of medical records pursuant to a subpoena. This opinion establishes binding precedent for the principle that, even under force of subpoena, a Connecticut healthcare provider is not obligated to provide medical records without a sufficiently specific, signed authorization from the patient.
Intentional Infliction of Emotional Distress – Psychiatric Examination
Davidson v. City of Bridgeport, 180 Conn. App. 18 (2018)
Duty Defend – Insured Premises
Szynkowicz v. State of Connecticut, Superior Court of Connecticut, 2018 WL 1041506