A HIPAA-related lawsuit filed against HHS Secretary Tommy Thompson in May by a group of physicians, psychotherapists and consumer and health organizations went before a federal court judge on December 12. Among other claims, the suit alleges that the agency violated patients’ privacy rights and failed to follow the intent of Congress in implementing the rule.
Arguments were heard from attorneys for the U.S. DOJ and for plaintiffs including physician and consumer advocacy groups. The HIPAA Federal Privacy Rule, enacted on April 14, allows health care providers to share patient records for the purposes of treatment and other "health care operations." Providers do not have to obtain written consent before they disclose medical records, but rather have to inform patients of their new rights and make a "good faith effort" to obtain written acknowledgment from patients that they have received the information. Providers must obtain consent from patients before they can disclose medical records in "non-routine" cases.
Attorneys for the plaintiffs, which include groups representing about 750,000 consumers and medical professionals, argued that the new regulations are written so broadly that patients "have no say" about how their medical information is used or shared by health plans, billing companies, drug companies, and consultants and lawyers who do business with medical providers.