Health Care Legal News - November 28, 2012 • Volume 2, Number 10

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In This Issue:

- Medicare Finalizes 2013 Physician Payment Schedule

- Ohio Court Rules That A Court CAnnot Compel A Terminated Employee To Return PHI To The Former Employer

- Insurer’s Antitrust Action AGainst Physicians Avoids Dismissal

Excerpt from Ohio Court Rules That A Court CAnnot Compel A Terminated Employee To Return PHI To The Former Employer:

In a July 2012 decision by an Ohio District Court, Cabotage v. Ohio Hospital for Psychiatry LLC, the Court ruled that it did not have the jurisdiction under HIPAA to compel Ms. Cabotage, a former employee, to return stolen records to the Ohio Hospital for Psychiatry, LLC (OHP) and Behavioral Centers of America, LLC (BCA), her former employer. However, citing its inherent authority, the Court precluded Ms. Cabotage from using the stolen records against the Defendants without first requesting that such documents be produced through normal discovery methods.

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