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Caldwell v. Chauvin

Citations

  • 464 S.W.3d 139
  • 2015 Ky. LEXIS 1639
  • 2015 WL 3653447

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that neither Kentucky law nor HIPAA prohibits ex parte interviews
  • holding ex parte interviews were available pursuant to court order but \do not come within the meaning of lawful process as used in 45 C.F.R. § 165.512 (e)(1)(ii)\
  • “[I]f a ‘contrary’ [state] law requires a more stringent standard of privacy, HIPAA’s preemption provisions are inapplicable and state law controls.” (Emphasis in original.)
  • “We decline to exercise our discretion to issue a writ in this instance even though any ex parte disclosure of protected health information would surely violate HIPAA. This injury is too speculative to merit such an extraordinary remedy.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barber, Keller, Minton, Noble

Read full opinion on CourtListener

Cited by

8 cases in this archive cite this case.

Cites

35 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.