A federal judge ruled on September 26 that Florida could not require a HIPAA waiver from a plaintiff as a pre-condition to a medical malpractice suit. Earlier this year, Florida enacted a law (Florida Statute 766.106) which required a prospective medical malpractice plaintiff to authorize ex parte communications between the defendant and the plaintiff's current medical provider. In Murphy v. Dulay, U.S. District Judge Robert Hinkle held that the statutorily-required authorization was not a voluntary waiver, as required by HIPAA. The Court held that the federal HIPAA law pre-empted Florida state law. An appeal has been filed with the U.S. Court of Appeals for the 11th Circuit.