On October 31, 2005, the Third Circuit rejected a challenge by patient advocacy groups to a rule promulgated under the Health Insurance Portability and Accountability Act of 1996 (HIPAA or the Act). Citizens for Health v. Leavitt,No. 04- 2550 (3d Cir. Oct. 31, 2005). The rule at issue eased a prior regulation in order to permit health care entities to utilize and disclose individually identifiable health information for routine uses without obtaining prior consent. The plaintiffs argued that the more permissive rule violated their substantive due process rights, the First Amendment, the Administrative Procedure Act (APA), 5 U.S.C. §§ 553(b)(3), 706(2)(A), and HIPAA itself. The court rejected these arguments, making clear that HIPAA may be implemented in a manner that places reasonable limits on the privacy protections available under that law....

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