R.K. v. St. Mary's Medical Center, Inc.
735 S.E.2d 715
W. Va.2012Background
- R.K. sued St. Mary’s Medical Center for wrongful disclosure of confidential medical and psychological information disclosed during hospitalization.
- St. Mary’s moved to dismiss under Rule 12(b)(6) arguing HIPAA preemption and alternatively that MPLA pre-suit requirements applied.
- The circuit court held HIPAA completely preempted, dismissed the suit, but found MPLA did not apply and denied other relief.
- The circuit court acknowledged no private HIPAA cause of action exists while determining HIPAA preemption could bar state-law claims.
- The court concluded the MPLA did not cover the alleged disclosure-in-records conduct, remanding for potential amendments on MPLA-related paths.
- This Court reviews de novo the HIPAA preemption and MPLA interpretation issues and reverses in part, affirming in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether state-law claims are preempted by HIPAA | R.K. contends HIPAA does not preempt state claims since no HIPAA claim is pled. | St. Mary’s asserts the complaint is effectively HIPAA-based and preempted as contrary state law. | HIPAA does not preempt the state-law wrongful-disclosure claims. |
| Whether MPLA governs RK's claims requiring presuit notices and merit certifications | Claims fall outside MPLA, so presuit requirements do not apply. | MPLA applies if claims concern health care; presuit steps are required. | MPLA does not apply to the alleged disclosure of records; presuit requirements do not govern these claims. |
Key Cases Cited
- Yath v. Fairview Clinics, N.P., 767 N.W.2d 34 (Minn. Ct. App. 2009) (HIPAA not a exclusive bar to state-law wrongful-disclosure claims)
- Gray v. Mena, 218 W.Va. 564, 625 S.E.2d 326 (2005) (MPLA applies only to health-care liability; non-health-care claims may proceed)
- Blankenship v. Ethicon, Inc., 221 W.Va. 700, 656 S.E.2d 451 (2007) (MPLA applies even if not expressly pled; dismissal for presuit noncompliance can be remanded)
- Boggs v. Camden-Clark Mem’l Hosp. Corp., 216 W.Va. 656, 609 S.E.2d 917 (2004) (MPLA applies to claims arising from health-care liability; some claims outside MPLA are not dismissed under MPLA)
- Fanean v. Rite Aid Corp. of Delaware, Inc., 984 A.2d 812 (Del. Super. Ct. 2009) (Common-law claims for wrongful disclosure may proceed alongside HIPAA)
- Acosta v. Byrum, 180 N.C. App. 562, 638 S.E.2d 246 (2006) (HIPAA-related standards may inform state-law duty of care; not necessarily preemptive)