(HealthDay)—A state law that requires plaintiffs to release relevant protected health information before proceeding with allegations of medical liability has been upheld by a federal appeals court, according to the American Medical Association (AMA).
The state law requires the release of relevant protected health information so that the prospective defendant may obtain documents and conduct interviews with other medical professionals who treated the plaintiff on matters relating to the liability claim.
The AMA notes that, earlier, the appeals court overturned a lower court ruling relating to a Florida law requiring release of relevant health information in Murphy v. Dulay; the law was overturned as being impermissible under the federal Health Insurance Portability and Accountability Act (HIPAA). The appeals court in this case found that the written authorization required by the Florida law is compliant with the HIPAA statute. The state law was patterned after a Texas law that passed in 2003, whose purpose is to screen out frivolous lawsuits and promote early claim settlement.
"As a result of that law, 'the frequency of meritless claims has dropped substantially,' the Litigation Center of the AMA and State Medical Societies said in a friend-of-the-court brief," according to the report.
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(HealthDay)—A state law that requires plaintiffs to release relevant protected health information before proceeding with allegations of medical liability has been upheld by a federal appeals court, according to the American Medical Association (AMA).
The state law requires the release of relevant protected health information so that the prospective defendant may obtain documents and conduct interviews with other medical professionals who treated the plaintiff on matters relating to the liability claim.
The AMA notes that, earlier, the appeals court overturned a lower court ruling relating to a Florida law requiring release of relevant health information in Murphy v. Dulay; the law was overturned as being impermissible under the federal Health Insurance Portability and Accountability Act (HIPAA). The appeals court in this case found that the written authorization required by the Florida law is compliant with the HIPAA statute. The state law was patterned after a Texas law that passed in 2003, whose purpose is to screen out frivolous lawsuits and promote early claim settlement.
"As a result of that law, 'the frequency of meritless claims has dropped substantially,' the Litigation Center of the AMA and State Medical Societies said in a friend-of-the-court brief," according to the report.
Explore further: Obamacare to get new US appeals court review
More information: More Information
Copyright © 2014 HealthDay. All rights reserved.
Medical Xpress on facebook
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Obamacare to get new US appeals court review
Sep 05, 2014
A US appeals court agreed Thursday to revisit a July ruling that threatened to undermine President Barack Obama's landmark healthcare reform law.
Court: Patients responsible for outcomes of risky behavior
Jun 28, 2014
(HealthDay)—The Colorado Supreme Court has ruled that patients can be at least partially responsible for their health outcomes resulting from their own unhealthy behavior, according to the American Medical ...
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Sep 01, 2014
A federal judge has temporarily blocked Louisiana from enforcing its restrictive new abortion law. But lawyers and advocates appeared to disagree about whether the judge's order affects doctors at all five abortion clinics ...
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Jan 06, 2014
A federal appeals court is set to review a Texas law that led to the closing of many abortion clinics in the state.
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The differences between children's and adult palliative care services are too wide for young people with life-limiting conditions to negotiate, according to research by Bangor University. Commenting on the findings, the researchers ...
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© Medical Xpress 2011-2014, Science X network
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