We have just received a ruling dated 6/17/02 from
Judge Sim Lake in favor of the government's Motion to Dismiss the lawsuit
filed against HHS to overturn the HIPAA privacy regulations.
In short, he found that because the regulations
were not fully in force, that the legal issues were not "ripe" for litigation,
and further that the plaintiffs, (AAPS, Congressman Ron Paul, M.D. and
individually named patients) had no standing to bring the lawsuit because
"plaintiffs have not yet suffered any injury from enforcement of the Privacy
Rule. Defendants also argue that chances are extremely remote that plaintiffs
will ever be affected by the Rule. The court agrees."
While we find it difficult to understand a
conclusion that the chances are "remote" when the privacy rules that must be
followed by every physician in the country, AAPS will issue a more detailed
statement and analysis, but in the meantime, here is our quick take on the
decision:
1. We will appeal.
2. As to our constitutional claims, the judge merely said that those were not
yet ripe. When they are ripe, we'll assert them again.
3. As to our statutory claim, the judge gave the
federal government too much power over our paper medical records.
4. We won on the issue of prompt patient access to medical records as defined
by state law, which is important for patients to go outside their HMOs and
networks.
5. We disagree with the judge's narrow view of the Paperwork Reduction Act.
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