A federal district court in Montana has confirmed that HIPAA precludes a private right of action for patients to claim an unauthorized access, use, or disclosure of protected health information.  Nonetheless, the court denied the defendant covered entity’s motion to dismiss the complaint, holding that the plaintiff could move forward with state-specific claims of invasion of privacy, negligence, negligent infliction of emotional distress, and violation of Montana’s Consumer Protection Act because the federal law does not bar the suit under state law. The court held that, although HIPAA does not allow private lawsuits to be brought for unauthorized disclosure of health information, it does not preempt state law remedies that offer stronger protections than HIPAA.

According to the suit, the plaintiff was taken to Madison Valley Medical Center (MVMC) unresponsive after ingesting drugs and alcohol before driving her car. A nurse at the medical center provided the plaintiff’s blood alcohol test results and medical records to the police without her consent or a subpoena. The plaintiff sued MVMC alleging violation of HIPAA and other claims, including negligence, invasion of privacy, negligent infliction of emotional distress, and violations of the Consumer Protection Act.

In addition to allowing the plaintiff to move forward with those claims, the court held that the Montana Health Care Information Act does not provide an exclusive cause of action for an unauthorized disclosure of health information and does not include exclusivity language to preclude the other claims.

This case illustrates, as in similar cases in other states, that even though HIPAA precludes a private right of action, covered entities may still be sued under state law claims for an alleged unauthorized disclosure of protected health information.

Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her…

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her practice on compliance with all state and federal privacy and security laws and regulations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law.  Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney General’s Office for the State of Rhode Island. She earned her J.D. from Loyola University School of Law and her B.A., with honors, in American Studies from Newcomb College of Tulane University. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.