Sensitive Health Information

(Part I of this series on privacy of health information in the domestic relations context may be found here. Capitalized words not defined in this Part II shall have the meanings assigned in Part I.)

Tips on dealing with IHI Issues in the Domestic Relations Context

1. Whether an individual is in a stable

The November 2014 ruling in the Connecticut Supreme Court in the case of Byrne v. Avery Center for Obstetrics and Gynecology, P.C., — A.3d —-, 2014, WL 5507439 (2014) (the “Byrne case”) has been discussed in a number of posts on this blog, including those here and here. The main focus of such

Fox Rothschild partner Scott Vernick recently appeared as a guest on the Willis Report to discuss the fallout of the hacking of Sony Pictures Entertainment.  Click here to view the segment.  Celebrities’ individually identifiable health information, some of which appears to be protected health information (“PHI”) under HIPAA, was among the sensitive personal data hacked

Yesterday, the White House Office of the Press Secretary announced that President Bush signed the Genetic Information Nondiscrimination Act of 2008 ("GINA").  The intent of GINA is to protect individuals from employers and insurance companies denying employment, promotions or health coverage to people when genetic tests show they have a predisposition to cancer, heart disease, or other ailments.  But critics of the law are concerned that certain provisions are vague and may expose employers and insurers to frivolous lawsuits.  

The Genetic Information Nondiscrimination in Employment ("GINE") Coalition lobbied and prepared numerous letters to Congress to have certain provisions of GINA revised prior to enactment in order to protect employers’ nondiscriminatory practices and legitimate collection and uses of genetic information.  According to Michael Eastman, executive director of labor law policy at the US Chamber of Commerce and a member of the GINE Coalition, the group remains concerned that GINA (1) will not preempt inconsistent state laws, (2)  will award “excessive” punitive and compensatory damages that will likely encourage “unmeritorious litigation," and (3) lacks exceptions to provisions barring the collection of genetic information.  

For a good review of the pros and cons of GINA, see an article published by GenomeWeb Daily News.  For a quick and dirty summary of  legal provisions of GINA, click and read on . . .


Continue Reading