R.K. v. St. Mary’s Med. Ctr., Inc.

After Plaintiff learned his confidential medical and psychological information at St. Mary's Medical Center had been improperly accessed, Plaintiff filed several state-law claims against St. Mary's. The circuit court granted St. Mary's 12(b)(6) motion to dismiss Plaintiff's state-law claims based upon its conclusion that the claims were preempted by the federal Health Insurance Portability and Accountability Act (HIPAA). In addition, St. Mary's asserted a cross assignment of error arguing that the circuit court erred by finding that Plaintiff's claims did not fall under the West Virginia Medical Professional Liability Act (MPLA) and concluding, therefore, that Plaintiff was not required to file a notice of claim and screening certificate of merit. The Supreme Court (1) reversed the circuit court's order insofar as it granted St. Mary's 12(b)(6) motion to dismiss based upon its conclusion that Plaintiff's state-law claims were preempted by HIPAA, holding that Plaintiff's state-law claims for the wrongful disclosure of his medical and personal health information were not preempted by HIPAA; and (2) affirmed the order to the extent it found Plaintiff's claims did not fall under the MPLA. Remanded. View "R.K. v. St. Mary's Med. Ctr., Inc." on Justia Law