James E. Pietrangelo, II v. Corrinne Hudson

The Health Insurance Portability and Account­ ability Act (HIPAA) of 1996, 42 U.S.C. § 1320d-2; 45 C.F.R. pts. 160 & 164, requires any medical authorization, even one in litigation, to “be voluntary for individuals.” 65 Fed. Reg. 82657. HIPAA prescribes other requirements for valid medical authorizations as well. See, e.g., 45 C.F.R. § 164.508(c)(1) & (c)(2)(i). However, while some federal courts heed these HIPAA mandates, other federal courts, as well as state courts—especially in the absence of precedent from this Court and most Circuit Courts—routinely violate the mandates, compelling plaintiffs in litigation to execute involun­ tary and otherwise HIPAA-non-compliant medical authorizations for defendants upon penalty of dis­ missal of the plaintiffs’ claims or exclusion of their medical evidence at trial. In the instant case, a trial court in Ohio issued an order requiring Petitioner to sign involuntaiy and otherwise HIPAA-non-compliant medical authoriza­ tions upon penalty of dismissal of his personal injury claim, and the Eighth District Court of Appeals of Ohio affirmed that order. The question presented is whether the court in doing so violated federal law, HIPAA.