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June 07, 2024

The Third Circuit Joins the Second, Fourth, Fifth, Seventh, Eighth, Ninth, and Tenth Circuits in HIPAA Ruling

In a three-page non-precedential opinion, the Third Circuit in Byrne v. Berks County Jail, et al., 24-1193, 2024 WL 2794446, at *1 (3d Cir. May 31, 2024) followed the majority of fellow federal circuit courts in holding that HIPAA does not provide a private right of action. Under 42 U.S.C. § 1320d-5(a)(1)), HIPAA delegates enforcement authority to the Secretary of the Department of Health and Human Services.

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