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Kirk Nahra Discusses Connecticut Ruling on Medical Providers’ HIPAA Liability

Law360
November 11, 2014

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted yesterday in a Law360 article about a recent ruling by the Connecticut Supreme Court that a plaintiff can sue a medical provider for negligence in state court based on alleged violations of Health Insurance Portability and Accountability Act (HIPAA) privacy rules.  The decision will likely subject HIPAA-covered entities and their business associates to many more lawsuits nationwide, according to the article.

“Plaintiffs’ lawyers have been looking for a way to sue for HIPAA violations,” Mr. Nahra said.  “Bringing a direct claim of ‘you violated HIPAA’ does not work.  Therefore, they have been looking for a workaround. This case ... creates a potential workaround.”