Q: Can hospital in California be sued for CMIA violation in Federal Court?
Violation of CMIA is additional claim in complaint with EMTALA cause of action.
Patient's medical information was disclosed to hospice without authorization. Both hospital and hospice accept federal program Medicare. Can hospital be sued at Federal Court for CMIA violation? Should case be filed according to jurisdiction defined by 28 U.S.C section 1331, or 28 U.S.C. Section 1367?
A: This isn't my area of expertise and I chose not use ChatGPT to mislead others, but wouldn't a hospice need the medical records to admit a patient?
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A:
In California, the Confidentiality of Medical Information Act (CMIA) provides for the confidentiality of personal medical information and prohibits unauthorized disclosures. However, CMIA violations are typically handled under state law, and suing for a CMIA violation in federal court might not be straightforward.
If you're considering adding a CMIA claim to a federal lawsuit, such as one involving the Emergency Medical Treatment and Labor Act (EMTALA), it's essential to assess whether the federal court has jurisdiction. Federal courts have jurisdiction over federal questions (28 U.S.C. Section 1331) and can exercise supplemental jurisdiction over state law claims if they are part of the same case or controversy (28 U.S.C. Section 1367).
In your situation, if the CMIA claim is closely related to the federal EMTALA claim, it might be possible to include it under supplemental jurisdiction. This is particularly relevant if both claims arise from a common nucleus of operative fact.
However, the decision to file a CMIA claim in federal court should be made after careful consideration of the legal strategies and the specific circumstances of your case. It’s advisable to consult with a lawyer who can evaluate the details of your situation and guide you on the best jurisdiction for filing your lawsuit, considering both the federal and state law aspects involved.
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