No. 21-1289

Foster Taft v. Ventura County Medical Center, et al.

Lower Court: Ninth Circuit
Docketed: 2022-03-24
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 civil-rights due-process federal-regulation hipaa hipaa-privacy privacy privacy-act private-cause-of-action private-right-of-action state-actor
Key Terms:
SocialSecurity Privacy HealthPrivacy
Latest Conference: 2022-05-12
Question Presented (AI Summary)

Does 42 U.S.C. §1983 confer a private cause of action for privacy violations of HIPAA, in particular 164.502(a)?

Question Presented (OCR Extract)

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. | | | | | | | | | | |

Docket Entries

2022-05-16
Petition DENIED.
2022-04-26
DISTRIBUTED for Conference of 5/12/2022.
2022-04-12
Waiver of right of respondent Ventura County Medical Center, et al. to respond filed.
2022-03-22
Petition for a writ of certiorari filed. (Response due April 25, 2022)

Attorneys

Foster Taft
Foster Taft — Petitioner
Foster Taft — Petitioner
Ventura County Medical Center, et al.
Hugh S. SpackmanClinkenbeard, Ramsey, Spcakman & Clark, LLP, Respondent
Hugh S. SpackmanClinkenbeard, Ramsey, Spcakman & Clark, LLP, Respondent