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Judge: Medical Privacy Suit Belongs in State Court

PRIVACY LAW—U.S.

October 13, 2011

Courthouse News Service reports on a federal judge's ruling in a case involving the loss of confidential medical information on more than 280,000 children. The proposed class-action involves an unencrypted flash drive missing from Keystone Mercy Health Plan and AmeriHealth Mercy Health Plan. The lead plaintiff sought to have the case remanded to a Pennsylvania state court while the insurers argued that allowing state courts to interpret HIPAA's privacy provisions "would flout the congressional intent to maintain the national uniformity of HIPAA." Federal Judge Anita Brody has disagreed, however, writing in a seven page opinion that it "is well established that there is no federal private right of action under HIPAA," the report states.
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