Arizona high court: Man can sue for health privacy breach
Source: Associated Press
PHOENIX (AP) — Warehouse store chain Costco can be sued for privacy violations by a Phoenix-area man who alleges a pharmacist joked with his ex-wife about an erectile dysfunction prescription he had twice canceled, the Arizona Supreme Court ruled Monday.
The ruling allows the man’s lawsuit to proceed, but sets a high bar for him to win: He must show by “clear and convincing” evidence that the store and its pharmacist did not act in good faith when the woman was told about the prescription.
But it is an important decision, because for the first time the state Supreme Court ruled that lawsuits can be brought here under state law for violations of the federal health care privacy law commonly known as HIPAA. The company argued that the federal law does not allow private citizens to sue, but the court rejected that, saying the law’s standards can be used to show privacy violations in state court.
Read more: https://apnews.com/article/state-courts-arizona-phoenix-health-lawsuits-f85ee2d814834f3af835062b951e0e72
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