R.K. v. St. Mary's Medical Center, Inc.

DAVIS, Justice:

R.K.,1 plaintiff below/petitioner, seeks reversal of a circuit court order dismissing numerous state-law claims he had asserted against St. Mary’s Medical Center, Inc., defendant below/respondent (hereinafter referred to as “St. Mary’s”). The circuit court granted St. Mary’s 12(b)(6) motion to dismiss based upon its conclusion that R.K.’s state-law claims were preempted by the federal Health Insurance Portability and Accountability Act of 1996 (hereinafter referred to as “HIPAA”).

In addition, St. Mary’s asserts a cross assignment of error arguing that the circuit court erred by…