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Cake day: February 1st, 2024

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  • In his Thursday decision, Circuit Judge Michael Stelzer wrote that Bailey can collect documents under Missouri’s consumer protection statute that aren’t protected under federal mandate, namely the Health Insurance Portability and Accountability Act, better known as HIPAA.

    I’m confused. Is it saying, “for records which are not protected by HIPAA, you can have the documents”? Or is it saying, “you can collect these because I’m declaring them not subject to HIPAA”?

    If the former…are there any relevant records which aren’t covered by HIPAA? And if so, why in the world aren’t they covered by HIPAA?

    And if the latter, this seems (???) like a slam dunk ACLU or similar case?