Day Pitney lawyers Mark Salah Morgan and Evan Marc Lazerowitz authored an article, "When Health-Care Providers Suffer Data Security Breaches," in the March 4 New Jersey Law Journal. Subtitled "NJ is likely to follow Conn. in finding that HIPAA allows negligence claims against providers," the article summarizes the recent Connecticut Supreme Court decision previously discussed here and speculates that New Jersey courts may also allow tort claims to proceed against healthcare providers notwithstanding that HIPAA does not itself provide for a private right of action for violations.
The article points out that healthcare providers can limit their liability for data breaches by taking greater precautions to protect electronic protected health information from disclosure and complying with HIPAA's Security Rule.
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