Legal Challenge to the Federal Medical Privacy Rule

A law firm representing the American Psychoanalytic Association is considering filing a lawsuit challenging the constitutionality of the Federal Medical Privacy Rule, which takes effect October 15, 2002. (Health-care providers and organizations have up to two years to comply).

Jim Pyles, an attorney with the Washington, D.C. law firm Powers, Pyles, Sutter and Verville told United Press International that "we're talking to a number of constitutional scholars around the country" in contemplation of filing a lawsuit.

Pyles further noted that the Federal Medical Privacy Rule "is about as broad as an invasion of privacy as I have ever seen, and I have read hundreds of privacy cases." He pointed out that the rule is retroactive and "all the information that we have ever disclosed to any medical entity will be disclosable without your consent...they [covered entities which were granted federal regulatory authority to share your information] don't have to ask your permission."