Acara v. Banks

Appellant Margaret Acara (“Acara”) filed suit against Appellee Dr. Bradley Banks (“Dr. Banks”) in Louisiana district court for disclosing her medical information during a deposition without her consent. Acara’s complaint claimed subject matter jurisdiction based entirely upon an alleged violation of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Pub.L. No. 104-191, 110 Stat. 1936 (1996)(codified primarily in Titles 18, 26 and 42 of the United States Code). Acara later sought leave to amend her complaint to change her residency from Louisiana to New York in order to…