HIPAA does not create a private right of action for release of quality of care information

As reported from the Employment Benefits Institute of America, the US District Court in Denver has held that HIPAA does not allow a hospital to sue a media outlet to prevent the publication of quality of care information:

EBIA - HIPAA ==> Hospital Cannot Sue Newspaper Under HIPAA for Privacy Violations:

"The publisher of a newspaper obtained (from an unknown source) a report that was prepared as part of a hospital's peer review process. The hospital sued to stop the newspaper from publishing information from the report, arguing that use of the report by the newspaper would violate the HIPAA privacy rules. After losing in its bid to stop publication of the report, the hospital then sought money damages, attorneys' fees, and return of the report under HIPAA and state laws. The court held that HIPAA does not create a private right of action and sent the case to state court to resolve the state law claims...."

The full citation of the case is University of Colorado Hospital Authority v. Denver Publishing Co., No. 03-WM-1977 (D. Colo. Aug. 2, 2004)