146 Conn. App. 44
Conn. App. Ct.2013Background
- Hopkins, a Connecticut corrections officer, sought care from Balachandran's clinic on April 24, 2008 and received an unordered superbill with circled items but no return-to-work date.
- Hopkins later gave his employer a copy of the superbill that was allegedly altered, containing different circled items and a handwritten return-to-work date, with questionable signature.
- Employer investigated the discrepancy; Balachandran’s office conduct and handwriting were questioned; original superbill was compared to the plaintiff’s copy.
- Balachandran informed the employer that the plaintiff’s copy had been altered after leaving the office and that there was no out-of-work note issued by Balachandran.
- Hopkins was terminated from state service on August 4, 2008 for alleged falsification; Hopkins filed a negligence claim for improper disclosure of his protected health information.
- The trial court denied Hopkins’s motion for partial summary judgment and granted the defendants’ cross-motion, concluding Hopkins waived confidentiality in the superbill.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| HIPAA preemption of waiver defense | Hopkins contends HIPAA privacy rule preempts waiver as a defense. | Defendants argue waiver is a valid defense and not preempted. | Privacy rule does not preempt waiver. |
| Waiver of confidentiality in the superbill | Hopkins did not knowingly relinquish confidentiality by disclosures to employer. | Hopkins voluntarily disclosed to employer, constituting waiver. | Hopkins waived confidentiality in the superbill. |
| Effect of waiver on negligence claim | Waiver cannot bar a negligence claim for improper disclosure. | Waiver forecloses the confidentiality defense and supports dismissal on summary judgment. | Waiver bars the confidentiality claim; no need to address causation. |
Key Cases Cited
- Bank of New York v. Bell, 120 Conn. App. 837 (2010) (waiver may be inferred from voluntary disclosure to third party)
- State v. White, 169 Conn. 223 (1975) (justified expectation of confidentiality in psychiatrist-patient context)
- State v. Pierson, 201 Conn. 211 (1986) (waiver within privileged communications may be partial)
- Acara v. Banks, 470 F.3d 569 (5th Cir. 2006) (no private cause of action under HIPAA; enforcement via HHS)
- State v. Egan, 37 Conn. App. 213 (1995) (attorney-client privilege/third-party disclosure affects confidentiality)
- Sams v. Dept. of Environmental Protection, 308 Conn. 359 (2013) (statutory interpretation and related principles referenced)
- Weiss v. Weiss, 297 Conn. 446 (2010) (standard for appellate review of summary judgments)