Skip to Main Content

Publications

The Supreme Court of Ohio to Consider What Constitutes an Unauthorized Disclosure of Protected Health Information in the Context of Collecting a Medical Debt

January/February 2020 - Northern Ohio Physician
Social Logo Social Logo Social Logo

We are all familiar with the Health Insurance Portability and Accountability Act (HIPAA) and its Privacy Rule establishing standards to prevent the unauthorized disclosure of a patient’s protected health information (PHI). Indeed, they have been our constant companion with every patient encounter in the 20-plus years since their enactment in the late 1990s. And those encounters include trying to collect a debt owed by a patient because PHI, by statutory definition, includes payment-related patient information.

But just what PHI can healthcare providers disclose when attempting to collect a debt without running afoul of state law establishing an independent tort for unauthorized disclosure of PHI—otherwise known as a Biddle claim—or federal law under HIPAA? That question is presently before the Supreme Court of Ohio in Menorah Park Center for Senior Living v. Rolston.

Read the article here.

Driverless
A podcast that analyzes legal issues surrounding autonomous vehicles.
ERISA
Perspectives on employee benefits, executive compensation and ERISA litigation to help you attract and retain talent.
lingua negoti
The language of business.
Ohio Environmental
Insights and commentary for the business and legal community.