Monica Seeland, RHIA
Vice President Quality Initiatives
Nebraska Hospital Association
3255 Salt Creek Circle; Suite 100
Lincoln, NE  68504-4761
Phone:  402-742-8152
FAX:  402-742-8158
mseeland@nhanet.org

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From: Laura Redoutey
Sent: Tuesday, February 20, 2007 8:46 AM
To: Kevin Conway; Monica Seeland
Subject: FW: Health Care Law e-Alert: Court Approves Using HIPAA Regulations As Evidence

From: Stinson Morrison Hecker LLP
Sent: Tuesday, February 20, 2007 8:43 AM
To: undisclosed-recipients
Subject: Health Care Law e-Alert: Court Approves Using HIPAA Regulations As Evidence

Health Care Law e-Alert

from Stinson Morrison Hecker LLP

 

  Court Approves Using HIPAA Regulations as Evidence
of Standard of Care in Negligence Case 

 February 2007 

 

 

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Regulations may be used to demonstrate the standard of care in common law claims involving the privacy of medical information, according to a December 2006 decision of the North Carolina Court of Appeals.

Heather Acosta was a patient and employee of Psychiatric Associates of Eastern Carolina, which was owned by Dr. David R. Faber and managed by Robin Byrum. Acosta alleged that Dr. Faber allowed Byrum to use his access number to access Acosta's medical records at various times. Byrum subsequently used Acosta's medical records to reveal private and embarrassing information about Acosta to third parties, allegedly causing Acosta to suffer severe emotional distress, humiliation and anguish for which Acosta sued Dr. Faber and Byrum.

In her complaint, Acosta argued negligent infliction of emotional distress against Dr. Faber and stated generally that Dr. Faber had a duty, based in part on HIPAA requirements, to maintain the privacy of her medical records. Dr. Faber filed a motion to dismiss for failure to state a claim. The trial court dismissed Acosta's claim against Dr. Faber for several reasons, including that HIPAA does not grant a private cause of action.

On appeal, Acosta argued that she had not tried to state a cause of action under HIPAA, but that she had referenced HIPAA as evidence of the appropriate standard of care, which is a necessary element for her negligence claim. The appellate court agreed. The court stated, "[s]ince plaintiff made no HIPAA claim, HIPAA is inapplicable beyond providing evidence of the duty of care owed by Dr. Faber with regards to the privacy of plaintiff's medical records."

This decision is not binding outside of North Carolina. However, it is the first widely reported case in which courts have accepted HIPAA standards as evidence of the standard of care, something which may become more common.

 

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