LAW 531/Business Law
November 10, 2014
HIPAA Ruling in Tennessee Court
Failure to adhere to regulatory compliance can impact a litigation process, which in the case of Stevens vs, Hickman Community Hospital was prominent when the Tennessee Court of Appeals dismissed the case based on failure to comply with Tennessee’s Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. This paper will include an IRAC Brief that will explain the case in detail followed by a brief explanation of governmental principles of regulatory compliance requirements, a brief explanation of methods for managing the legal risks that arise from regulatory compliance issues, and how this case can be applied within a business managerial setting.
Christine Stevens a Tennessee woman filed a malpractice lawsuit against Hickman Community Hospital, the emergency room services and physicians who cared for her husband Mark Stevens, which subsequently resulted in his demise. The case however is being challenged as a result of failing to comply with regulatory requirements set forth in the Tennessee Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. Case
In accordance with the Tennessee Medical Malpractice Act, on April 11, 2011, counsel for Mrs. Christine Stevens the spouse of Steven Stevens, formally notified Hickman Community Hospital and Dr. Whitaker of the impending malpractice allegations in their care and treatment of Mark Stevens (FindLaw, 2013). The formal notice was also accompanied by a medical record release form allowing Mrs. Stevens legal counsel to obtain Mark Stevens medical records, however, the medical record request for was non complaint with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), form failed to denote key information (FindLaw, 2013) . On September
References: FindLaw. (2013, November). Stevens vs. Hickman Community Healthcare Services Inc. Retrieved from http://caselaw.findlaw.com/tn-supreme-court/1650862.html FindLaw. Stevens, Stevens v. Hickman Community Health Care Services, Inc. Retrieved from http:caselaw.findlaw.com/tn-supreme-court/1650862 Inside Counsel (2014). Retrieved from http://www.insidecounsel.com/2012/04/30/6-risk-and-compliance-challenges-for-global-organi JUSTIA US Law. Christine Stevens ex rel. Mark Stevens v. Hickman Community Health Care Services, Inc. et al.-CONCUR AND DISSENT (Dissenting). Retrieved from. http://law.justia.com/cases/tennessee/workers-Conpensation/2013/m2012-00582-sc-s 09-cv-0.html Justia US Law. (2014). Retrieved from http://law.justia.com/codes/tennessee/2010/title-29/chapter-26/part-1/29-26-121 Justia US Law. (2014). http://law.justia.com/cases/tennessee/workers-compensation/2013/m2012-00582-sc-s09-cv-0.html OECD. (2013). Principles for the Governace of Regulators. Retrieved from http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&ved=0CEMQFjAC&url=http%3A%2F%2Fwww.oecd.org%2Fgov%2Fregulatory-policy%2FGovernance%2520of%2520Regulators%2520FN%25202.docx&ei=R55fVJLODYayyQTSoIDgCw&usg=AFQjCNE3qa3AiTgqz74P9EmOSFQOvvattw&sig2=SGdMFnjYUZ0LBVrFWmHRoA&bvm=bv.79189006,d.aWw Oullette, P. (2013). Tennessee Supreme Court, trial court differ on HIPAA ruling. Retrieved from http://healthitsecurity.com/2013/12/02/tennessee-supreme-court-trial-court-differ-on-hipaa-ruling/