Narrative Opinion Summary
The Michigan Supreme Court has granted the application for leave to appeal the November 18, 2008 judgment of the Court of Appeals in the case involving Andrea L. Holman, Personal Representative of the Estate of Linda Clippert, and Mark Rasak, D.O. The primary issue to be briefed is whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) allows defense counsel to conduct ex parte interviews with treating physicians under a qualified protective order. Additionally, the Court has approved the motions for leave to file amicus curiae briefs from the Michigan Association for Justice and the Michigan Defense Trial Counsel, Inc., and invites other interested parties to seek permission to submit similar briefs. The order was certified by Clerk Corbin R. Davis on May 7, 2009.
Legal Issues Addressed
HIPAA and Ex Parte Interviews with Treating Physicianssubscribe to see similar legal issues
Application: The Michigan Supreme Court is set to determine if HIPAA permits defense counsel to conduct ex parte interviews with treating physicians when a qualified protective order is in place.
Reasoning: The primary issue to be briefed is whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) allows defense counsel to conduct ex parte interviews with treating physicians under a qualified protective order.
Participation of Amicus Curiae in Appellate Proceedingssubscribe to see similar legal issues
Application: The Court has allowed the filing of amicus curiae briefs by specific legal organizations and has invited other interested parties to seek permission to submit such briefs, indicating the Court's openness to broader legal perspectives on the issue.
Reasoning: Additionally, the Court has approved the motions for leave to file amicus curiae briefs from the Michigan Association for Justice and the Michigan Defense Trial Counsel, Inc., and invites other interested parties to seek permission to submit similar briefs.