Tag Archives: Privacy

Connecticut Supreme Court Recognizes Common-Law Cause of Action for Unauthorized Disclosure of Confidential Medical Information

In a long-awaited decision concerning the confidentiality of medical records and patient privacy, the Connecticut Supreme Court recently concluded that the physician-patient relationship establishes a duty of confidentiality to a patient in Connecticut, and that unauthorized disclosure of confidential information obtained for the purpose of treatment in the course of that relationship gives rise to a cause of action in tort, unless the disclosure is otherwise permitted by law.

In Byrne v. Avery Center for Obstetrics and Gynecology, P.C., the Court considered – for a second time – the …

11th Circuit Invalidates Key Provisions in Florida Law Prohibiting Physician Inquiries About Patient Firearm Ownership

In Wollschlaeger v. Florida, No. 12-14009 (Feb. 16, 2017), the U.S. Court of Appeals for the Eleventh Circuit invalidated provisions of the Florida Firearms Owners’ Privacy Act that prohibited physicians from (i) asking patients if they (or their family members) own firearms or ammunition, (ii) documenting firearm ownership in patient medical records, and (iii) harassing patients about firearm ownership during examinations. The appellate court did not invalidate the Act’s antidiscrimination provision that prohibits physicians from discriminating against patients based solely on firearm ownership. Physicians who violated the Act were …

HHS Delays Effective Date of New Part 2 Regulations

On February 15, 2017, the U.S. Department of Health & Human Services announced that it had delayed the effective date of the Substance Abuse and Mental Health Services final rule announced in January regarding the Confidentiality of Substance Abuse Disorder Patient Records (commonly known as the 42 C.F.R. Part 2 regulations).  The final rule – which had been scheduled to take effect February 17, 2017 – will now take effect March 21, 2017.

HHS made this delay in accordance with the new administration’s “Regulatory Freeze Pending Review” memorandum issued January …