Yes, the court would dismiss. This has been litigated over and over and over again. HIPAA never included a private right of action.
“Every district court that has considered this issue is in agreement that the statute does not support a private right of action.” Acara v. Banks, 470 F.3d 569, 571–72 (5th Cir. 2006).
There is no private right of action under HIPAA, express or implied. Meadows v. United Servs., 963 F.3d 240, 242 (2d Cir. 2020).
No private right of action exists under HIPAA in any event, Lucero v. United States, No. 20-1163, 2021 U.S. App. LEXIS 6308, at *6 (10th Cir. Mar. 4, 2021)
HIPAA does not provide an express or implied private right of action... Kittel v. Advantage Physical Therapy, No. 19-55690, 2021 U.S. App. LEXIS 1185, at *3 (9th Cir. Jan. 15, 2021).
HIPAA “provides no private right of action.” Webb v. Smart Document Sols., LLC, 499 F.3d 1078, 1081 (9th Cir. 2007).
Gosh, you win the prize for the most detailed FR response of the day. Any particular reason you were ready to reel off that particular list? Just curious. Was it legal actions you’ve been in? Or, are you like my obsessive compulsive buddy who can name the name, stats and history of every ball league and every player they had that ever existed back to the beginning of baseball? (He’s fabulous if you suffer from insomnia. He can make you go from an anxiety attack to sound asleep in 90 seconds flat.)
HIPAA only applies to health care entities and a few of their contractors in specific situations. It has nothing to do with this