Discuss whether there has been a violation of the Health Insurance Portability and Accountability Act (HIPAA)?
Law and Legal Process
Dr. Williams is a new graduate from an overseas medical school. He has passed all applicable licensing exams and requirements allowing him to legally practice medicine. Because he graduated from a medical school outside of the U.S. he experienced a hard time finding a full-time permanent position.
Dr. Williams knows that his classmate and friend, operates a medical clinic in another state. The clinic provides abortion services and is very profitable. Dr. Williams decides to open a similar clinic.
One of Dr. Williams’ patients, Joan, suffers injuries as a result of an error by Dr. Williams. This was witnessed by an assistant (YOU) who no longer works with Dr. Williams. Anticipating a lawsuit, Dr. Williams shows Joan’s medical records to a friend for advice. His friend tells Dr. Williams to contact his medical malpractice insurance carrier.
Joan decides to sue Dr. Williams. Joan’s attorney files a complaint with the superior court and a summons issues. A week later, Dr. Williams is served with papers by the Marshal’s office. Soon thereafter you receive a subpoena to appear and testify.
1. Prepare and submit a 3 page paper
2. Assuming Dr. Williams is in California, and California statutes apply:
A). Indicate how long he has to respond (file an Answer) to the lawsuit
B). Discuss whether Joan’s attorney has to give advance notice of her lawsuit? If so, how many days?
C). Explain a subpoena and discuss your obligations in responding to the subpoena;
3. Discuss whether there has been a violation of the Health Insurance Portability and Accountability Act (HIPAA)?
Clue: California Code of Civil Procedure governs the procedure for lawsuits and time deadlines.
I am enclosing the website address for California Code of Civil Procedure: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=ccp&codebody=&hits=20
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