A plaintiff does not have a private right of action under Kentucky state law against attorneys who allegedly disclosed medical information during a child custody hearing in violation of the federal Health Insurance Portability and Accountability Act, the Kentucky Court of Appeals affirmed Jan. 11 (Yeager v. Dickerson, Ky. Ct. App., 2008-CA-000153-MR, 1/11/13).
During a guardianship hearing concerning a minor child, two attorneys questioned the child’s mother, Stacy Clise, about her medical history and treatment. One of the attorneys used her medical records during the examination. The attorneys received the information from Clise’s ex-husband, who found them after ...
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