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Privacy Rule Challenged in Federal Court

Health Management Technology, Sept, 2001

The Louisiana State Medical Society and the South Carolina Medical Association and its affiliated Physicians Care Network group practice recently filed a suit in federal court challenging the constitutionality of the new medical privacy rule. The complaint cites the Department of Health and Human Services and its secretary, Tommy Thompson as defendants.

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Filed in U.S. District Court for the District of South Carolina, Columbia Division, the suit has three main challenges. The plaintiffs allege the Health Insurance Portability and Accountability Act (HIPAA) violates the separation of powers clause of the U.S. Constitution. It also says the "preemption clause" is so vague it violates the Due Process portion of the Fifth Amendment. Finally, the suit claims the regulations had no right to expand beyond electronic transactions and into other communications. www.scmanet.org

COPYRIGHT 2001 Nelson Publishing
COPYRIGHT 2002 Gale Group

 

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