Glen Murphy v. Aldolfo C. Dulay

HULL, Circuit Judge:

This appeal involves a federal preemption challenge to a Florida statute requiring presuit actions by an individual plaintiff before he may bring a medical negligence claim in Florida state court. The district court held that one of those presuit requirements in Florida Statute § 766.1065 — that the plaintiff execute a written authorization form for release of protected health information — is preempted by a federal statute, the Health Insurance Portability and Accountability Act (“HIPAA”), and its accompanying regulations, see 45 C.F.R. §§ 164.508, 164.512. That…