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…
The majority basically focused on whether the notice was in compliance with Tennessee Code Annotated the provision directing possible claimants to include a HIPAA Compliant medical authorization in pre-suit notice (JUSTIA US Law). The court considers substantial evidence that is admissible in the court based on the facts that pertained to the case of Stevens vs. Hickman Community Hospital. One has to be able to provide evidence that the action was done intentional or un-willful. Every court has rules and there are conditions when those laws do not apply.
Regulatory Compliance Governance principles of regulatory compliance requirements are there for the specific purpose of guiding the nation in having a safe and fair environment in which to work and live (OECD, 2013). The regulatory compliance requirements allow for there to be a guideline in how companies and people do specific things, so that way people on both sides of a disagreement are able to follow these regulations and show proof of whether or not someone or something was really violated in some way, these requirements also allow for a court to see both sides, and make sure that both sides of a dispute are entitled to and receive all information from both sides to be able to present the best case possible for themselves and to help the truth to be known (OECD, 2013).
Managing Legal Risk
Regulatory compliance is one of the highest legal risk areas in the company (Inside Counsel, 2014). In