IndyLaw Net is an independent weblog written and managed by students and alumni of the Indiana University School of Law in Indianapolis, serving the IU Law-Indy community.

We welcome and encourage comments... Please check out ILN's commenting policy

Editor-in-chief, webmaster:
Lucas Sayre

Associate editors:
Karl Born

Karl Born
Brian Deiwert
Lucas Sayre
Kelly Scanlan
Nathan Van Sell


IU-Indy Law
Prof. Jeff Cooper
Daily Contentions
In the Agora
Commentary Track
Justin Gifford
Jelly Beans & Corduroy
Joe Delamater
Just Playin'
Obiter Dictum
Ryan Strup
The Sleepy Sage
Waiting for the Punchline
Myron's Mind
TV Law

Other Law Students
The Rattler
Ambivalent Imbroglio
John Branch
Phil Carter
De Novo
Paul Gutman
Kathryn Janeway
Jewish Buddha
The Kitchen Cabinet
Law Dork
letters from babylon
Letters of Marque
Mixtape Marathon
Notes from the Underground
Andrew Raff
Sua Sponte
Three Years of Hell
Unlearned Hand
Waddling Thunder

Legal Academics
Jack Balkin
Jeff Cooper
Rick Hasen
Lawrence Lessig
Eric Muller
Glenn Reynolds
D. Gordon Smith
Lawrence Solum
Peter Tillers
The Volokh Conspiracy
David Wagner
Tung Yin
White Collar Crime prof blog

Other Academic-types
Andrew R. Cline
Crooked Timber
Brad DeLong
Daniel W. Drezner
Joseph Duemer
Amitai Etzioni
Rebecca Goetz
Kieran Healy
Mark A. R. Kleiman
Brett Marston
History News Network
Michael Tinkler

Other Lawblogs
Program for Judicial Awareness
Howard J. Bashman
Stuart Buck
Janell Grenier
Sam Heldman
Tech Law Advisor
Denise Howell
Ken Lammers
Legal Reader
Math Class for Poets
Nathan Newman
Statutory Construction Zone
Indiana Law Blog
Timothy Sandefur
Fritz Schranck
Stop the Bleating
Pejman Yousefzadeh

Legal News
The Jurist
CNN - Law

Sapere aude - dare to be wise
Tuesday, June 07, 2005
Was HIPAA Just Gutted?
Posted 11:02 PM by Brian D.
The Justice Department has decided that most health care employees can't be prosecuted for stealing personal data under the Health Insurance Portability and Accountability Act (HIPAA), a privacy law intended to protect medical information.

According to a June 1 memo singed by the Justice Department's Office of Legal Counsel, hospitals, insurers, doctors and other health care providers that bill for their services are subject to criminal prosecution under the law. "But a hospital clerk, for example, and other employees cannot face criminal penalties because the law doesn't apply to them," according to the memo.

The new interpretation has been criticised by privacy law experts and at least one federal prosecutor who managed the one conviction under HIPAA to date.

Robert Gellman, a consultant on privacy and information policy, said the memo leaves the bulk of the health care work force outside that interpretation.

"In terms of the misuse of records, it's not health care professionals who are the likely problems," Gellman said. "This didn't seem to be such a big issue just a few months ago, when they had the prosecution. I find it puzzling."

Last August, U.S. Attorney John McKay's office obtained a guilty plea from a medical technician in Seattle in the one case that reached a final judgment under HIPAA to date. The technician admited he stole the identity of a cancer patient and used the information to obtain credit cards in the patient's name. The technician then bought $9,100 worth of jewelry, video games and a barbecue grill using the cards. He was was sentenced to 16 months in prison.

As seen in the
National Jurist
and on

Indianapolis Help Wanted

August 2003
September 2003
October 2003
November 2003
December 2003
January 2004
February 2004
March 2004
April 2004
May 2004
June 2004
July 2004
August 2004
September 2004
October 2004
November 2004
December 2004
January 2005
February 2005
March 2005
April 2005
May 2005
June 2005
July 2005
August 2005
September 2005
October 2005
November 2005
December 2005
January 2006
February 2006
March 2006
April 2006
May 2006
June 2006
July 2006
August 2006
September 2006
November 2006
December 2006
January 2007
February 2007
April 2007
May 2007
March 2010

Weblog Commenting by