Acara v. Banks
United States Court of Appeals for the Fifth Circuit
470 F.3d 569 (2006)
Dr. Bradley Banks (defendant) allegedly disclosed the medical information of Margaret Acara (plaintiff). Banks allegedly did so during a deposition without Acara’s consent. In response, Acara sued Banks for violating the Heath Insurance Portability and Accountability Act of 1996 (HIPAA). This was Acara’s only claim. Banks claimed that the district court did not have subject-matter jurisdiction because HIPAA, which did not have an express cause of action, authorized no private cause of action. The district court agreed, concluding that it lacked subject-matter jurisdiction. Acara appealed.
Rule of Law
Holding and Reasoning (Per curiam)
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