Legal Opinion
Opis Management Resources, LLC v. Secretary, Florida Agency for Health Care Administration
Court of Appeals for the Eleventh Circuit
Decided April 9, 2013No. 12-12593PublishedCited by 12 opinions
1Opinion of the Court
BLACK, Circuit Judge:
The issue before us is whether § 400.145 of the Florida Statutes — which provides for the release of medical records of deceased residents of nursing homes to certain specified individuals — is preempted by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. § 1320d to d-9, and its implementing regulations. As it stands, § 400.145 and HIPAA cannot be reconciled, and we agree with the district court that the Florida statute stands as an obstacle to the accomplishment and execution of the full purposes and objectives of HI-PAA in…
2Cases cited11 opinions
- Maryland v. LouisianaSupreme Court of the United States · 1981
- Arizona v. United StatesSupreme Court of the United States · 2012
- Access Now, Inc. v. Southwest Airlines Co.Court of Appeals for the Eleventh Circuit · 2004
- Altria Group, Inc. v. GoodSupreme Court of the United States · 2008
- Bryant v. CEO DeKalb Co.Court of Appeals for the Eleventh Circuit · 2009
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3Cited by12 opinions
- United States v. Erickson Meko CampbellCourt of Appeals for the Eleventh Circuit · 2022
- Shafik Wassef v. Dennis TibbenCourt of Appeals for the Eighth Circuit · 2023
- Glen Murphy v. Aldolfo C. DulayCourt of Appeals for the Eleventh Circuit · 2014
- Pacific Radiation Oncology, LLC v. Queen's Medical CenterDistrict Court, D. Hawaii · 2014
- Olsen v. HamiltonDistrict Court, D. Maine · 2018
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