Second group files suit over privacy rules

The suit planned by the Assn. of American Physicians and Surgeons will challenge the constitutionality of the Health Insurance Portability and Accountability Act of 1996.

By Tanya Albert, AMNews staff. Aug. 20, 2001.

The Assn. of American Physicians and Surgeons said it expects to file a lawsuit against the government this month to try to change new privacy regulations that require physicians to give the government access to medical records.

AAPS' planned suit, to be filed against the Dept. of Health and Human Services in federal district court in Houston, will challenge the constitutionality of the Health Insurance Portability and Accountability Act of 1996.

"There are so many problems with this thing," said Kathryn Serkes, AAPS public affairs counsel. "It just gets uglier and uglier as it goes along."

The lawsuit will claim HIPAA violates the Fourth Amendment by requiring physicians to turn over medical records without a warrant and by authorizing the government to construct a database that includes personal health identifiers. It also will claim HIPAA violates the Paperwork Reduction Act and Paperwork Flexibility Act.

The lawsuit will challenge the regulations based on their content, which is a different legal approach than that of a lawsuit the South Carolina Medical Assn. filed in July. That suit alleges HHS exceeded its constitutional authority when it created the guidelines without proper guidance from Congress.

Serkes said one of the reasons AAPS is pursuing the suit is because the regulations put physicians in a bad position by asking them to turn over medical records. She said it forces them to face prosecution if they don't comply or to violate their medical oath and professional ethics if they do comply. [...]