A Georgia statute that requires a medical information release be filed with state medical malpractice actions is invalid as conflicting with HIPAA, according to a May 14 opinion.

The ruling finds that HIPAA preempts any state law that conflicts with it, unless that law affords the patient a greater degree of confidentiality than HIPAA. The Georgia law specifies what the contents of the release must provide, and the contents fall short of the requirements of a release under HIPAA. Specifically, the statute fails to provide a right to revoke the release, fails to adequately describe the scope of the information to be released, fails to provide an expiration date or event, and grants the defense attorney the right to interview the patient's physicians without notice and without the patient or their attorney being present.

Allen v. Wright S 06 G 2018, Georgia Supreme Court, May 14, 2007