No Private Cause of Action Under HIPAA, but Possible Cause of Action for 14th Amendment Violation

HIPAA Journal

Steve Alder

The U.S. Court of Appeals for the Fourth Circuit has ruled that there is no private cause of action in the Health Insurance Portability and Accountability Act (HIPAA) to address improper disclosures of protected health information; however, the ruling suggests there is potentially a cause of action under the 14th amendment when an individual’s privacy is violated.

The case, Payne v. Taslimi, named Christopher N. Payne as plaintiff and Jahal Taslimi as the defendant. Payne was a Deep Meadow Correctional Center inmate and Taslimi a prison doctor. Payne took legal action against Taslimi over an alleged improper disclosure of his confidential medical information. Payne alleged Taslimi had approached his bed and stated in a voice loud enough for others to hear that the plaintiff had not taken his HIV medication. Payne alleged staff members, other inmates, and civilians had heard the doctor.

In the lawsuit, Payne claimed his medical records were...

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