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Texas is joining the states weighing whether to expand legalized uses of marijuana, with state legislators filing almost a dozen bills related to marijuana use in advance of the legislative session, which began on January 8.  (In Texas, the state legislature meets biannually for a 140-day session.)  Texas first established a limited compassionate use program for medical marijuana in 2015, and three dispensaries are currently in operation under that program.  However, due to limitations in…
This week, the Connecticut Supreme Court issued an opinion which upheld a state common law negligence action against a healthcare provider for violation of privacy and confidentiality laws and regulations using as evidence of the standard of care the Health Information Portability and Accountability Act (HIPAA) and its accompanying regulations. The court denied defense arguments that HIPAA, which expressly does not provide a private right of action, preempts such state law negligence claims. The plaintiff…
This week, the Connecticut Supreme Court issued an opinion which upheld a state common law negligence action against a healthcare provider for violation of privacy and confidentiality laws and regulations using as evidence of the standard of care the Health Information Portability and Accountability Act (HIPAA) and its accompanying regulations. The court denied defense arguments that HIPAA, which expressly does not provide a private right of action, preempts such state law negligence claims.…