Brian L. Heidelberger, Sean G. Wieber, and Kristofer A. Ekdahl write: Pharmacy chain Rite Aid scored a victory recently when the Second Circuit affirmed a district court grant of summary judgment in a putative class action under the Telephone Consumer Protection Act (TCPA). In Zani v. Rite Aid Headquarters Corp., 17-1230-cv (February 21, 2018), the…
Category: Healthcare
Indiana District Court Dismisses Plaintiff’s Lawsuit Against Pharmaceutical Manufacturer For Disclosure of Private Health Information
Erica Yen writes: As noted in our post last month, the fact that HIPAA does not provide for a private right of action has not stopped some state courts from allowing negligence claims using HIPAA to define a standard of care. That post discussed the Connecticut Supreme Court’s questionable creation of a new tort of…
Involuntary Commitment Laws And Privacy Restrictions
William Maruca of Fox Rothschild LLP writes: In a recent New York Times op-ed piece entitled “How a Bad Law and a Big Mistake Drove My Mentally Ill Son Away,” the father of a young man involuntarily hospitalized under Florida’s Baker Act decries “privacy laws” for limiting his access to information about his son’s whereabouts…
Privacy Please: HIPAA and Artificial Intelligence – Part I
Rebecca L. Williams of Davis Wright Tremaine LLP writes: What if Artificial Intelligence (AI) is deployed within a health system to apply machine learning to patient information, in part, to allow patients to download information and wellness numbers (such as steps, blood pressure, and blood glucose levels) and to check on their own well-being without coming…