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Court: Ohio Law Preempts HIPAA Provision

PRIVACY LAW—U.S.

May 12, 2010

A federal court in Ohio has denied a medical clinic's motion to dismiss invasion of privacy claims following the clinic's disclosure of a plaintiff's medical records to a grand jury, reports the Hunton & Williams Privacy and Information Security Law Blog. In Turk v. Oiler, the plaintiff sued the Cleveland Clinic for disclosing his medical records in response to a grand jury subpoena. The clinic argued that the subpoena allowed for disclosure of the records due to a HIPAA exemption. But the court determined that Ohio's state law on physician-patient privilege preempts the HIPAA exception in this case.
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