Health Insurance Portability and Accountability Act and...

HIPAA Ruling in Tennessee Court 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†¦show more content†¦This is done with five requirements; one of these requirements is a HIPPA-compliant medical release form. The plaintiff did not provide this specific form and as such did not meet the requirements to file suit against the Hospital leading to dismissal of the case. Analysis Christine Stevens filed a malpractice lawsuit against Hickman Community Hospital and the courts thoroughly observed the laws and considered all sides of the arguments that was on hand before them, but in order for the courts to determine the problems he or she had to interpret the significance of several provisions of the Tenn. Code Ann. 29-26-121, as well as evaluate de nova. The court had to determine, as well as effectuate the legislature’s intent (FindLaw). Christine Stevens provided a written report to Hickman Community Hospital stating a potential health care liability claim in which was based on neglectful treatment of Mark Stevens which was essential by the Tennessee Code Annotated, as well as sent notices to everyone in which it included an authorization form in which would allow everyone the right to use the medical records in which was a requirement under the Tennessee Code Annotated. The medical form was not totally in compliance with the â€Å"Health Insurance Portability and Accountability Act of 1996 (â€Å"HIPAA†), even though the claimant had a written notice there was no effort put forth in order to secure an approved medical authorization andShow MoreRelatedRegulatory Standards Of The Federal Information Systems Management Act911 Words   |  4 Pagesfollowing regulatory requirements comprise of the Federal Information Systems Management Act (FISMA), Sarbanes-Oxley Act (SOX), Gramm-Leach-Bliley Act, Payment Card Industry Standards (PCI DSS), Health Insurance Portability and Accountability Act (HIPAA), and Intellectual Property Law. I will also discuss security methods and controls which should be applied to ensure compliance with the standards and regulatory requirements. 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