SCMA claims privacy rule is unconstitutional
HIPAA Weekly Advisor, February 28, 2003
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The South Carolina Medical Association (SCMA) appeared before the Fourth Circuit U.S. Court of Appeals in Richmond, VA, January 22, arguing that HIPAA's privacy rule is unconstitutional.
The SCMA appealed U.S. District Judge Terry L. Wooten's dismissal of the case on August 14, 2002. The lawsuit charged Congress with unlawfully delegating its legislative power to the executive branch and HHS with exceeding its regulatory authority. It also claimed the criminal penalties violated the Fifth Amendment Due Process Clause, because the regulations are vague.
A three-judge panel heard arguments in the case against HHS, and a decision is expected in the next few weeks.
Go to http://www.scmanet.org/ for more information.
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