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Bill Roberts Comments on Medical Records Ruling

Court permits negligence claims over release of medical records

Connecticut Law Tribune

November 14, 2014

Bill Roberts has been quoted in the Connecticut Law Tribune article, "Conn. Medical Records Ruling Could Have Widespread Impact." The article focuses on a Connecticut Supreme Court ruling that allows patients to bring negligence lawsuits against health care providers that violate federal privacy regulations.

Roberts was quoted as stating, "the decision will have ripples beyond the health care industry."

He further commented that, "In 2013, the enactment of the Health Information Technology for Economic and Clinical Health Act (HITECH) brought business associates of health care providers and employees of health insurance companies under HIPAA. The law not only covers the unauthorized distribution of paper records but the accidental release of digital records in a data breach situation."

"It often applies to law firms, consultants, accountants and others who provide services to health care providers and health plans," said Roberts. "The release of records in violation of HIPAA by any of these entities may also now be the basis for a negligence claim."

Roberts also said, "federal agencies have rarely handed out fines or penalties for HIPAA violations. The Connecticut court opinion," and he noted that the opinion, "greatly increases the potential liability" for health care providers.

Click here to read the article.

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