The case involves a “breach of confidence” claim for the unauthorized disclosure of medical information learned within the physician-patient relationship.
Menorah Park filed a collection action against Irene Rolston to recover an outstanding balance. Two billing statements, which contained protected health information, were attached to the complaint. Rolston responded with a class action counterclaim alleging Menorah Park improperly disclosed her protected health information to the court. This counterclaim was based on the independent tort recognized in Biddle v. Warren General Hospital “for the unauthorized, unprivileged disclosure to a third party of nonpublic medical information that a physician or hospital has learned within a physician-patient relationship.”
But Menorah Park said Biddle didn’t apply in this case because HIPAA permits disclosures of protected health information for the purpose of obtaining payment for medical bills. The amicus brief was filed on behalf of Menorah Park.
Ohio Supreme Court Case Information
Amicus Brief, 11/18/2019