Health Information Management

Fourth Circuit upholds constitutionality of privacy rule

HIPAA Weekly Advisor, May 2, 2003

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A federal appeals court ruled April 28 against a claim made by physicians in South Carolina that the HIPAA privacy rule is unconstitutional.

The U.S. Court of Appeals for the Fourth Circuit ruled that Congress did not impermissibly delegate its legislative authority in authorizing HHS to issue privacy regulations under HIPAA.

"Today's 4th Circuit ruling upholding the constitutionality of the HIPAA privacy rule is a victory for America's patients and the principle that the federal government can provide protections to insure the enhanced confidentiality of their medical records," said HHS Secretary Tommy Thompson. "The new rules reflect a common-sense balance between protecting patients' privacy and ensuring the best quality care for patients. They do not interfere with the ability of doctors to treat their patients and they allow the continuing public health activities, such as tracking infectious disease outbreaks and reporting adverse drug events, to continue."

Go to http://www.hhs.gov/news/press/2003pres/20030429a.html to read Thompson's press release.



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