Health Information Management

HIPAA-related objection causes stir in court

HIPAA Weekly Advisor, May 23, 2005

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In a child-abuse hearing in Idaho last week, the attorney for the defense incorrectly used HIPAA to object to answers provided by County Sheriff's Deputy Jeff Fackrell, causing confusion in the courtroom and holding up the case, reported the Times-News.

Attorney Raymundo Pena claimed Fackrell's answers would likely violate his client's privacy rights and showed the plaintiffs a list of potential HIPAA violations.

Because the judge wasn't familiar enough with the intricacies of HIPAA, he invoked Fackrell's right to remain silent while he researched the issue, eventually concluding that Fackrell had stayed within the boundaries of the law and could continue testifying without fear of prosecution or sanction.



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