Case Result: Administrative Complaint Against Nurse for Alleged HIPAA Violation Dismissed After Our Healthcare Regulatory/Licensing Attorneys Prove Patient Retaliation

Professional:
Nurse

Primary issue:
Client nurse was accused of HIPAA violation by a patient, alleging that the client inappropriately accessed the patient’s medical records on numerous occasions. This led to an administrative complaint.

Argument:
Our Michigan healthcare regulatory and licensing attorneys reviewed the hospital investigation records; obtained email and text messages between the client and patient; and performed an extensive background investigation on the patient.

At a compliance conference, we were able to demonstrate that this was a calculated plan by the patient to punish our client for refusing to impersonate a guardian for the patient’s upcoming court case. We showed that our client had a right to access records for limited purposes in her capacity (confirming appointments), and that the complaining patient called repeatedly to check dates/treaters to attempt to lay the foundation for an alleged HIPAA complaint against our client

Result:
The administrative complaint was ultimately dismissed.

Areas of Law:
Healthcare Licensing
Professional Licensing Defense
Administrative Hearings and Complaints
HIPAA Compliance

Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.

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Case Lawyers

Aaron J. Kemp

Senior Attorney

Chairperson of Professional Licensing & Regulatory Affairs

Michigan Office
1441 W. Long Lake Road, Suite 310
Troy, MI 48098
Phone: (248) 644-6326

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