EBIA Weekly Archives - HIPAA - Court Cases
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Results (53 articles found)
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- Court Orders Release of Patient Information for Use in Employment Termination Case, Subject to Conditions
- From the March 31, 2005 EBIA Weekly
- A nurse was terminated by a hospital for allegedly mishandling narcotic drugs while caring for a patient. She challenged the termination in an administrative disciplinary proceeding and, using a subpoena, sought medical information relating to the patient in question. The ...
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- Health Information in Disability Discrimination Case May Be Released Only as Provided by HIPAA
- From the March 17, 2005 EBIA Weekly
- The EEOC sued an employer, alleging disability discrimination against an individual. The employer asked for a court order permitting its attorneys to engage in ex parte communications (i.e., communications outside the presence of the attorneys for the EEOC or ...
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- Intern Whose Mental Health Was Discussed by Other Employees in V.A. Investigation Cannot Sue for HIPAA Privacy Violation
- From the February 24, 2005 EBIA Weekly
- After receiving reports that a supervisor had an inappropriate relationship with an intern he supervised, the Department of Veterans Affairs (V.A.) investigated. The intern not only worked for the V.A. but also was treated at an outpatient clinic ...
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- Neither HIPAA Privacy Rule Nor Federal Substance Abuse Rules Prohibited Disclosure of Employment Records in Lawsuit
- From the January 20, 2005 EBIA Weekly
- A terminated fire department paramedic filed an employment discrimination lawsuit against her former employer and sought disclosure of the employer's records of other paramedics' leaves of absence for psychological and substance abuse reasons. The requested documents contained medical records, ...
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- Court Orders Release of Medical Record for Use in Employment Discrimination Suit, Subject to Conditions
- From the December 29, 2004 EBIA Weekly
- In an employment discrimination suit against a health care provider, a job applicant claimed that the provider's Nursing Director discriminated against him on the basis of race. The applicant sought disclosure of a deceased patient's medical record, claiming ...
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- Medical Expenses Resulting From Suicide Attempt Must Be Covered Despite Plan's Source of Injury Exclusion
- From the December 29, 2004 EBIA Weekly
- A plan participant attempted suicide and incurred medical expenses for treatment of self-inflicted injuries. A treating physician stated that the participant suffered from depression and that the self-inflicted injury would "most likely" have been prevented if the participant ...
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- Employee of Covered Entity Gets 16 Months in Prison for HIPAA Privacy Violation
- From the November 11, 2004 EBIA Weekly
- We reported in August on the first criminal prosecution under the HIPAA privacy rule and the plea agreement that was entered into in that case. (See our article at http://www.ebia.com/WeeklyArchives/HIPAA/CourtCases/17719 (Premium Access subscription ...
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- Hospital Cannot Sue Newspaper Under HIPAA for Privacy Violations
- From the September 09, 2004 EBIA Weekly
- The publisher of a newspaper obtained (from an unknown source) a report that was prepared as part of a hospital's peer review process. The hospital sued to stop the newspaper from publishing information from the report, arguing that use ...
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- Guilty Plea Results in First Conviction for Violation of HIPAA Privacy Rules
- From the August 26, 2004 EBIA Weekly
- An employee of a health care provider has pleaded guilty to unlawfully disclosing a patient's individually identifiable health information in violation of HIPAA's privacy rules. The employee obtained the patient's name, birth date, and Social Security number ...
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- Health Plan Cannot Pursue Claim Against Stop-Loss Insurer and Agent Under HIPAA
- From the August 05, 2004 EBIA Weekly
- After a participant in an alleged ERISA health plan incurred over $265,000 in hospital bills, the plan submitted the claim to its stop-loss insurer, along with its application to renew the stop-loss policy. The insurer rejected the ...
