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


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.

Please see full newsletter below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dickinson Wright | Attorney Advertising

Written by:


Dickinson Wright on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.