Health Law Monitor

HIPAA privacy issues

Senate Bill 6 and its Impact on Health Care Professionals

April 7, 2015

The West Virginia Legislature recently amended the Medical Professional Liability Act, W.Va. Code 55-7B-1, et seq. (“MPLA”) through Senate Bill 6.  These amendments accomplished several things including broadening the statutory definitions of “health care provider” and “health care” to encompass a wider range of health care professionals, health care related activities, and provide MPLA…

State Law Causes of Action for Patient Privacy Breach Proceed Despite HIPAA Preemption

March 18, 2015

Since its enactment, many providers have been faced with the risk of government sanctions for patient privacy breaches under the Health Insurance Portability and Accountability Act (“HIPAA”), but have been able to seek solace in the fact that HIPAA does not allow for a private cause of action and preempts conflicting state law.  The Connecticut Supreme Court’s opinion in Byrne v. Avery…