PogoWasRight.org

Menu
  • About
  • Privacy
Menu

WV: Davis calls out majority again in another DHHR dissent

Posted on November 6, 2015June 26, 2025 by Dissent

Jessica Karmasek reports on a case in West Virginia that seems to pit the state trying to protect patient privacy rights under HIPAA against those trying to advocate for patients. While patient advocacy is generally considered a Good Thing, does providing patient records to a non-covered entity like Legal Aid without patient consent violate HIPAA?  Is there anything in the state law that would trump privacy rights under HIPAA?  If so, how could that be??

West Virginia Supreme Court Justice Robin Davis again called out the court majority in a dissent filed this week, this time accusing her fellow justices of an “arrogant and complete disregard of federal law.”

Davis dissented to an Oct. 15 opinion, in which a majority of the court’s justices ruled that the state Department of Health and Human Resources must follow an order issued by Kanawha Circuit Court Judge Louis “Duke” Boom in August 2014 to immediately restore access to patients and patient records to the patient advocates working at Mildred-Mitchell Bateman Hospital in Huntington and William R. Sharpe Jr. Hospital in Weston – in this case, Legal Aid of West Virginia.

The DHHR’s Bureau for Behavioral Health and Health Facilities – represented by state Attorney General Patrick Morrisey – had argued that the circuit court’s order violated both the patients’ constitutional rights to privacy and the federal Health Insurance Portability and Accountability Act, more commonly known as HIPAA.

Read more about the case on Coal Valley News.

Thanks to @JohnHolstein for this link.

Related posts:

  • BULLETIN: HIPAA Privacy and Novel Coronavirus — from HHS OCR
  • “Out Of Control”: Dozens of Telehealth Startups Sent Sensitive Health Information to Big Tech Companies
Category: CourtHealthcareLaws

Post navigation

← AU: Patient’s intimate photo nightmare exposes privacy gap in NSW
Bills to protect K-12 student data privacy advance in Michigan →

Search

Contact Me

Email: info[at]pogowasright.org
Security Issue: security[at]pogowasright.org
Mastodon: Infosec.Exchange/@PogoWasRight
Signal: +1 516-776-7756
DMCA Concern: dmca[at]pogowasright.org

Research Report of Note

A report by EPIC.org:

State Attorneys General & Privacy: Enforcement Trends, 2020-2024

Categories

Recent Posts

  • Data broker Kochava agrees to change business practices to settle lawsuit
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Changes in the Rules for Disclosure for Substance Use Disorder Treatment Records: 42 CFR Part 2: What Changed, Why It Matters, and How It Aligns with HIPAAs
  • Always watching: How ICE’s plan to monitor social media 24/7 threatens privacy and civic participation
  • Who’s watching the watchers? This Mozilla fellow, and her Surveillance Watch map
  • EPIC Publishes New Whitepaper Detailing Privacy Risks of Government Data Mining Programs
  • Modern cars are spying on you. Here’s what you can do about it.

RSS Recent Posts at DataBreaches.net

  • Doctor Alliance Data Breach: 353GB of Patient Files Allegedly Compromised, Ransom Demanded
  • St. Thomas Brushed Off Red Flags Before Dark-Web Data Dump Rocks Houston
  • A Wiltshire police breach posed possible safety concerns for violent crime victims as well as prison officers
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Almost two years later, Alpha Omega Winery notifies those affected by a data breach.
©2025 PogoWasRight.org. All rights reserved.