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Tension arises when HIPAA, caselaw meet

Missouri courts decided years ago that once a plaintiff files a personal injury lawsuit his medical information is, to a certain extent, fair game. But that was before Congress passed sweeping medical privacy legislation. Missouri courts have never squarely ruled on the interaction between the Health Insurance Portability and Accountability Act and their own caselaw. In a ruling last week, the Court of Appeals Western District came close, acknowledging “tension” between HIPAA and caselaw might need to go to the Supreme Court. Judge Alok Ahuja (pictured) co-wrote the Western District decision examining when a doctor can be required to participate in ex parte interviews in medical malpractice cases.

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