Menorah Park Center for Senior Living v. Irene Rolston, Case No. 2019-0939
Eighth District Court of Appeals (Cuyahoga County)

ISSUES:
- Does the Health Insurance Portability & Accountability Act (HIPAA) preempt a claim brought under the Ohio Supreme Court's decision in Biddle v. Warren Gen. Hospital (1999) for the unauthorized, unprivileged disclosure to a third party of nonpublic medical information to obtain payment?
- Did claimant rely on a HIPAA regulation to determine whether the release of protected health information was "unauthorized" for purposes of pursuing a claim under Biddle, and does that reliance based on HIPAA allow a "private right of action"?