The Health Insurance Portability and Accountability Act of 1996 (HIPAA) affords specific regulatory protections for certain patient health information, or PHI. Defamation laws protect the reputation of individuals and other entities from untrue and damaging statements, whether in written format as libel or the spoken word as slander. Both would seem to offer unique individual protections against reputational harm. But what if the very regulations created to protect concomitantly restrict the ability to defend?
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