No specific laws identified for this ruling.
Appellate court affirmed dismissal on procedural grounds regarding pre-suit notice but reversed dismissal for failure to comply with HIPAA medical authorization requirements under Tennessee Code Annotated § 29-26-121(a)(2)(E), remanding for further proceedings.
The plaintiff initiated this health care liability action on January 25, 2016. The defendant medical provider filed a motion to dismiss, asserting that the plaintiff had failed to attach the documentation required by Tennessee Code Annotated § 29-26-121(b) to demonstrate that proper pre-suit notice had been transmitted. The defendant also asserted that the plaintiff's claims should be dismissed for failure to substantially comply with the requirements of Tennessee Code Annotated § 29-26-121(a)(2)(E) regarding a medical authorization compliant with the Health Insurance Portability and Accountability Act ("HIPAA"). While noting that the plaintiff had substantially complied with Tennessee Code Annotated § 29-26-121(a)(4) and (b), the trial court found that the medical authorization forwarded by the plaintiff was incomplete and failed to comply with HIPAA's release requirements. The trial court therefore dismissed the plaintiff's claims. The plaintiff has timely appealed. We affirm the trial court's determination that the plaintiff substantially complied with Tennessee Code Annotated § 29-26-121(a)(4) and (b). We reverse, however, the trial court's determination that the plaintiff's claims should be dismissed for failure to substantially comply with Tennessee Code Annotated § 29-26- 121(a)(2)(E)
This summary was generated to explain the ruling in plain English and is not legal advice.
Plaintiff brought claims against Knox County and the County Clerk based on allegedly discriminatory employment practices. The trial court determined that Plaintiff committed serious discovery violations and imposed as a sanction the exclusion of certain evidence. With this evidence excluded, the trial court granted summary judgment to the Defendants. Plaintiff appeals, challenging the discovery sanction, the trial court's conclusion under the Tennessee Human Rights Act that the continuing violation doctrine did not apply, the trial court's conclusion that the Clerk was not individually liable, and the award of attorney's fees against the Plaintiff and her attorney. We affirm.
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