State Court Says HIPAA Doesn’t Preempt Claim Based on Disclosure of Private Data

The federal Health Insurance Portability and Accountability Act (HIPAA) does not preempt common law tort claims based on the wrongful disclosure of medical or personal health information, the West Virginia Supreme Court of Appeals declared Nov. 15 (R.K. v. St. Mary’s Medical Center Inc., W. Va., 11-0924, 11/15/12).

In a decision by Justice Robin Jean Davis, the court reasoned that West Virginia common law was not inconsistent with HIPAA’s privacy rule, which “provides national standards to protect the confidentiality of an individual’s medical records and personal health information.”

The plaintiff, R.K., while in the midst of divorce ...