Legal Challenges
Analysis of decision in CITIZENS FOR HEALTH V. LEAVITT
ANALYSIS OF DECISION IN CITIZENS FOR HEALTH v. LEAVITT
United States Court of Appeals No. 04-2550
November 2, 2005
On November 1, 2005, the United States Court of Appeals for the Third Circuit issued its ruling in the above case after nearly nine months of deliberation. Despite the fact that the Court seemed quite interested and receptive to Plaintiffs’ arguments at oral argument on March 9, the Court affirmed the decision of the District Court avoiding ruling on the constitutional claims and holding that the Amended HIPAA Privacy Rule is valid under the HIPAA statute and the Administrative Procedure Act. The decision, however, is quite different in significant respects from the District Court decision, contains numerous rulings in favor of the Plaintiffs and also contains several significant errors.
Citizens for Health vs HHS Appeal from Summary Judgement
IN THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
AAPS v. HHS
Association
of American of Physicians and Surgeons (AAPS) v HHS
Lawsuit
Information:
Information:
Reply Memorandum of Plaintiffs/Appellants (AAPS) -
12/05/2002
Support Citizens for Health v. HHS Lawsuit
Help
Support the Citizens for Health lawsuit v. HHS!
Contribute
to the protection of your
Citizens for Health et al v. HHS Lawsuit Information
New York Lawsuit
Fundraiser, May 16th, 2003
PHILADELPHIA
(Thursday, April 10, 2003) – A broad coalition
of consumers and health care practitioners today filed a lawsuit
in Federal District Court to restore the long-held right to privacy and
patient consent for use of personal health information.
The legal challenge will be part of a wide-scale campaign by nearly a
dozen organizations to challenge the Health Insurance Portability and
Accountability Act of 1996, otherwise known as HIPAA, which mandates the way
medical records will be handled by doctors, hospitals, pharmacies and other
health care providers.
Citizens for Health v. HHS Lawsuit
IN
THE UNITED STATES DISTRICT COURT
FIRST
AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Citizens for Health Reply Brief
IN THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Appellate Docket No. 04-2550
Citizens for Health, American Psychoanalytic Association, American
Association for Health Freedom, New Hampshire Citizens for Health
Freedom, American Mental Health Alliance, American Association of
Practicing Psychiatrists, Health Administration Responsibility Project,
Congress of California Seniors, National Coalition of Mental Health,
Professionals and Consumers, California Consumer Health Care Council,
American Association of Practicing Psychiatrists, Sally Scofield,
Eugene B. Meyer, Daniel S. Schrager, Morton Zivan, Michaele Dunlap,
Tedd Koren, Jane Doe, Janice Chester, Deborah Peel
Citizens for Health Appeal
BRIEF OF APPELLANTS
Jurisdiction
The District Court had subject matter jurisdiction
under 28 U.S.C.A. § 1331 (1993). This Court has jurisdiction
under 28 U.S.C.A. § 1291 (1993).
Issues
1. Whether the Amended Privacy Rule issued by the Secretary violates
Appellants’ right to medical privacy under the Fifth Amendment by
granting “regulatory permission” for the use and disclosure of
Appellants’ personal health information to members of the public and
numerous government employees in routine situations without notice or
permission and against their will.
A dose of bad medicine
A dose of bad medicine
Jan. 6 2006
Philadelphia Inquirer
In cases stretching back years, the federal courts have upheld Americans' fundamental right to keep prying eyes from obtaining access to their most personal health information.
Citizens for Health v. Thompson: Pleadings and decisions
Citizens for Health v. Thompson, Pleadings and Decisions, Draft 7/12/05
I. Complaints, Citizens for Health, et al. v. Thompson (No. 03-2267)
Complaint for Declaratory and Injunctive Relief, Citizens for Health, 4/10/03
www.thenationalcoalition.org/Lawsuit.rtf
First amended complaint for declaratory and injunctive relief, CFH, 5/5/03
www.thenationalcoaltion.org/Amended.doc
Plaintiff’s Brief, Motion for Summary Judgment, CFH, 9/4/03
www.thenationalcoaltion.org/plaintiffsBRIEF.pdf
H.R. 220: The Identity Theft Prevention Act
From Free Congress- The measure would require new Social Security numbers to be issued to Americans and place strict limits on their use, prevent the creation of national ID cards
Legislative Efforts to Protect Medical Privacy:
The 109th Congress versions of the following bills have not been released yet.
H.R. 1709 Stop Taking Our Health Privacy Act (STOHP) 108th Congress
H.R. 1699 Patient Privacy Act 108th Congress
Take Action
Sign a Letter urging your Member of Congress to support health privacy.