Foster Taft v. Ventura County Medical Center, et al.
SocialSecurity Privacy HealthPrivacy
Does 42 U.S.C. §1983 confer a private cause of action for privacy violations of HIPAA, in particular 164.502(a)?
QUESTIONS PRESENTED 1. Does 42 U.S.C. §1983 confer a private cause of ac} tion for privacy violations of HIPAA, in particular | 164.502(a)? | Within this issue, the court would point out that a private right of action is different than a private right. Also, the court would have to determine whether 45 U.S.C. 164.502(a) confers a private right. 2. Does 5 U.S.C. §552a(1) and §551(1) of the Privacy Act, which applies to agencies of the federal government, apply to a state hospital, as a “state actor”, | entangled with substantial federal regulation and | funding, or do, only, people with medical records in a federal agency, proper, have a private right of action for | unauthorized disclosures and violations of federal privacy laws. | | | | | | | | | | |