Court Denied Debtor’s HIPAA and Negligence Action Against Hospital which filed Claim with his Personal Information

Court Denied Debtor’s HIPAA and Negligence Action Against Hospital which filed Claim with his Personal Information

Debtor filed a Chapter 7 petition and listed a debt to a local hospital.

The hospital filed a claim that contained the Debtor’s medical record and patient numbers, as well as his admission and discharge dates.

Debtor filed a Motion for Sanctions against the hospital alleging that the claim  should have redacted his personal  information. He sued pursuant to FRBP 9037 and HIPAA. He also sued under common law negligence

The Court first declined to hear the HIPAA claim, stating that the Court is not a HIPAA compliance tribunal; it limited its ruling to remedies available under Bankruptcy law.

The hospital  filed a motion to dismiss under FRCP 12(b)(6), claiming that the law afforded the Debtor no relief.

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