Recently I ran across a NJ decision in the matter of In re: PPA Litigation regarding HIPAA preemption issues. The decision looks at the preemption of NJ law under the Administrative Simplification Section of HIPAA.
The matter involved a motion filed by defendants, the Phenylpropanolamine (PPA) Manufacturers, compellinging ex parte physician interviews and seeking judicial approval of a revised medical authorization. The plaintiff, consumers of PPA, who allege injuries caused from the durg claim that HIPAA preempted the informal standards under a NJ decision, Stempler v. Speidell, 100 N.J. 368 (1985).
The decision can be found here. Here is a short summary and analysis of the decision in the Middlesex County Bar Association's Monthly Newsletter written by Marc D. Goldstone, Esq., Counsel with the law firm of Hoagland, Longo, Moran, Dunst & Doukas, LLP, in New Brunswick, NJ.
