Legal Opinion

W. Va. Dept. of Health and Human Resources/Behavioral Health v. E.H.

West Virginia Supreme Court

Decided October 22, 2015No. 14-0965Separate

1Opinion of the Court

No. 14-0965 - West Virginia Department of Health and Human Resources, Bureau for Behavioral Health and Health Facilities v. E.H., et al. FILED October 22, 2015 RORY L. PERRY II, CLERK Davis, Justice, dissenting: SUPREME COURT OF APPEALS OF WEST VIRGINIA In this proceeding, Legal Aid sought to force DHHR to continue to allow Legal Aid to have complete access to patient records, without patient consent, at the Bateman and Sharpe psychiatric facilities. Before this Court, DHHR argued that it was violating federal law, specifically HIPAA, when it previously authorized Legal Aid to have complete…

2Cases cited19 opinions

  1. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  2. Crosby v. National Foreign Trade CouncilSupreme Court of the United States · 2000
  3. Webb v. Smart Document Solutions, LLCCourt of Appeals for the Ninth Circuit · 2007
  4. Northwestern Memorial Hospital v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Seventh Circuit · 2004
  5. Law v. ZuckermanDistrict Court, D. Maryland · 2004

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