Cases

Holmes v. Nightingale, 2007 OK 15 (Okla. 2007)

This case concerns a dispute under the Health Insurance Portability and Accountability Act (HIPAA). The issue was whether Plaintiff’s mental and physical condition were in issue by filing a malpractice suit and whether the trial court erred by allowing, but not requiring, ex parte oral communications with health care providers. On appeal the court held that such an order does not violate HIPAA. The court cited Bayne v. Provost, 359 F.Supp.2d 234 (N.D. N.Y. 2005) in finding “there is no bright line HIPAA rule barring all ex parte discussions. Rather, … such contacts are appropriate once the protections required by HIPAA are met.” The trial court’s order, however, was deficient because it was not limited to the medical information relevant to the claims in the case and had the potential to allow defense counsel to obtain all medical and psychological information on the patient even though it was irrelevant.

Published by
David McGuffey

Recent Posts

Oath for Georgia Guardians and Personal Representatives

Before a guardian or the personal representative of an estate takes office, he or she…

2 weeks ago

Form: Affidavit of Diligent Search

In Georgia, when actions are filed in Probate Court, some people must be notified before…

2 weeks ago

Income Tax Return for Estates and Trusts – Form 1041

What is Form 1041 used for? If an estate or trust has gross income of…

2 weeks ago

Notice Concerning Fiduciary Relationship – IRS Form 56

IRS Form 56 is used to notify the IRS of the creation or termination of…

2 weeks ago

2025 Spousal Impoverishment Standards

On November 15, 2024, the Centers for Medicare and Medicaid Services posted the 2025 spousal…

1 month ago

Social Security Disability versus Veteran’s Disability

The word disability doesn't have the same meaning in all contexts. If you have a…

2 months ago