phone icon email icon
(517) 482-8933

Speaker Law
Blog

COA Publishes Prescription for Privacy

Posted on Monday, May 14, 2018

The Court of Appeals issued a published opinion addressing application of federal law (HIPAA) and state law of physician-patient privilege to discovery requests for non-party patient information. In Steiner v Bonanni, the plaintiff alleged that the defendant breached an employment contract by essentially stealing clients from plaintiff. To prove his case, the plaintiff requested discovery of defendant's current patient list. The defendant objected, claiming the list was covered under HIPAA and also protected by the physician-patient privilege. On appeal, the COA reasoned that Michigan Law is more protective of patients' privacy rights than HIPAA and, therfore, under HIPAA state law applies to discovery requests involving non-party patient information. Specifically, the COA noted that HIPAA allows disclosure of patient information upon notification to the patient, whereas, Michigan law precludes disclosure without actual patient consent. Consequently, the trial court did not abuse its discretion when it denied plaintiff's discovery request. In this case the COA issued a prescription for patient privacy.

Do you have an appeal?
Let's find out!

Recent
Posts

Mediator’s Failure To Inquire About Domestic Violence Did Not Negate Divorce Settlement
Feb 19, 2020
A settlement agreement signed by the parties in this divorce action...
Fees In Divorce Case Properly Denied: Not Pursued Within “Reasonable Time”
Feb 12, 2020
The plaintiff and the defendant divorced in 2013. Pursuant to a con...
Trial Court Correctly Granted Minor’s Petition To Change His Name
Feb 5, 2020
A 14-year-old’s petition to change his surname was properly granted...
MSC: Trial Court Must Consider Guardianship For Children Under Age 10
Jan 29, 2020
A trial court must examine whether terminating a mother’s parental ...

Tags

 

Subscribe to our blog

* indicates required