HealthIT Answers March 29, 2021
By Matt Fisher, General Counsel, Carium
A March 2021 decision by the Arizona Supreme Court recognized that obligations and requirements under the Health Insurance Portability and Accountability Act (HIPAA) can be the standard of care underpinning a claim of negligence. The Arizona decision is only the most recent in a line of similar decisions by various states. However, what does it mean for HIPAA to act as the standard of care? Breaking that concept apart is important in understanding that the approach does not mean new rights are being created by states under HIPAA.
Negligence and Standard of Care
Under common law (which is the body of law created through court decisions and custom), negligence is defined as failing to behave...
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