Connecticut House Bill HB06739

Connecticut 2023 Regular Session

• Introduced: 2/22/23
• Refer: 2/22/23

Caption

An Act Creating A State Cause Of Action For The Unauthorized Disclosure Of Protected Health Information In Violation Of The Federal Health Insurance Portability And Accountability Act.

Impact

The implementation of HB 06739 would significantly reinforce existing privacy protections at the state level, complementing federal regulations under HIPAA. By creating a local legal avenue for patients whose health information has been mishandled, it sets a precedent for stricter accountability among healthcare providers and insurers. This act aims to deter unauthorized disclosures and ensure that individuals feel secure in sharing their health information with covered entities, which could enhance trust in the healthcare system overall.

Summary

House Bill 06739 establishes a state cause of action for unauthorized disclosure of protected health information in violation of the federal Health Insurance Portability and Accountability Act (HIPAA). The bill provides individuals the right to bring a civil action in superior courts if their health information is disclosed without authorization. This cause of action aims to empower individuals by allowing them to seek damages, costs, and attorney's fees from the offending entities, thereby enhancing the rights of patients regarding their personal health information.

Contention

While the bill is intended to protect patient rights, potential points of contention may arise around its practical implications for healthcare operations. Some stakeholders may argue that the bill could lead to increased litigation against healthcare providers and create a chilling effect on information sharing necessary for patient care. There may also be concerns regarding the definitions of what constitutes unauthorized disclosure and how these legal actions interact with existing federal protections, thus possibly leading to conflicts between state and federal regulations.