Connecticut House Bill HB05182

Connecticut 2023 Regular Session

• Introduced: 1/11/23
• Refer: 1/11/23

Caption

An Act Creating A State Cause Of Action For A Violation Of The Federal Health Insurance Portability And Accountability Act Of 1996.

Impact

The potential impact of HB05182 on state laws is significant, as it introduces a new pathway for individuals to seek redress for breaches of confidentiality regarding their health information. By enabling patients to sue for damages in state court, the bill could lead to a reevaluation of practices among health care providers and entities handling sensitive patient data. This change emphasizes the importance of complying with HIPAA and encourages health care providers to strengthen their privacy protocols to avoid litigation and financial repercussions.

Summary

House Bill 05182 proposes the creation of a state cause of action for individuals who allege violations under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). This bill is designed to grant individuals the right to file lawsuits in the Superior Court against any health plan, health care clearinghouse, or health care provider that improperly transmits their health information without consent or in violation of HIPAA regulations. The introduction of this legislation is aimed at strengthening patient rights and ensuring greater accountability of health care entities.

Contention

Notable points of contention surrounding HB05182 include concerns from health care providers and insurers regarding the possible increase in lawsuits and operational burdens that could arise from the bill’s enactment. Critics argue that introducing such legal avenues may lead to excessive litigation, potentially diverting resources away from patient care to legal defense. Furthermore, there may be questions regarding the adequacy of existing federal protections under HIPAA, as stakeholders debate whether state-level actions are necessary or if they could create an unnecessary layer of complexity in the enforcement of health privacy laws.