Byrne v. Avery Center for Obstetrics and Gynecology

The Avery Center (defendant) promised patient Emily Byrne (plaintiff) it would not disclose her health information without authorization, and Byrne specifically instructed Avery not to release her records to Andro Mendoza, with whom she'd had a relationship; when Mendoza filed a paternity suit and subpoenaed Byrne's records, Avery mailed her file to the court without notifying her, and Mendoza later told Byrne he had reviewed it. Byrne sued Avery for negligence and negligent infliction of emotional distress under state law; the trial court held HIPAA preempted these claims and that HIPAA itself creates no private right of action, dismissing the suit, and Byrne appealed, arguing state negligence claims could complement rather than obstruct HIPAA.

Whether the federal Health Insurance Portability and Accountability Act of 1996 preempts a plaintiff's state common-law negligence claims against a healthcare provider arising from unauthorized disclosure of medical records.