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Laws-info.com » Cases » Georgia » Supreme Court of Georgia » 2010 » S10A0994. BAKER v. WELLSTAR HEALTH SYSTEMS, d/b/a WELLSTAR KENNESTONE HOSPITAL et al
S10A0994. BAKER v. WELLSTAR HEALTH SYSTEMS, d/b/a WELLSTAR KENNESTONE HOSPITAL et al
State: Georgia
Court: Supreme Court
Docket No: S10A0994
Case Date: 11/01/2010
Preview:Final Copy 288 Ga. 336

S10A0994. BAKER et al. v. WELLSTAR HEALTH SYSTEM, INC. et al. HUNSTEIN, Chief Justice. This action originated with a medical malpractice complaint filed on March 31, 2009 by Russel Baker against Wellstar Health System, Inc., individually and d/b/a Wellstar Kennestone Hospital. To aid in its discovery, Wellstar filed a motion for a qualified protective order under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), requesting that it be permitted to conduct ex parte interviews with Baker's health care providers. After oral argument, the trial court granted Wellstar's motion, finding, under the authority of Moreland v. Austin, 284 Ga. 730 (670 SE2d 68) (2008), that HIPAA allows such ex parte interviews as long as specified procedural safeguards are utilized to protect patient privacy. See 45 CFR
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