Whether HIPAA's Privacy Rule is unconstitutional as applied by respondents

QUESTION PRESENTED As applied by respondents in this case and in its ongoing pattern and practice, HIPAA’s Privacy Rule cannot pass constitutional muster; respondents’ wrongdoing violates the HIPAA Privacy Rule, deprives patients of more stringent privacy rights under applicable state law, and places physicians, including the petitioner, in the untenable position of violating applicable local privacy law in order to be paid for medically necessary services rendered in good faith without prior notice and without just cause.