Baker v. Wellstar Health System, Inc.
288 Ga. 336
| Ga. Ct. App. | 2010Background
- Baker filed a medical malpractice complaint against Wellstar Health System, Inc. on March 31, 2009.
- Wellstar sought a HIPAA-qualified protective order to allow ex parte interviews with Baker’s health care providers for discovery.
- Trial court granted the order, relying on Moreland v. Austin to permit ex parte interviews with safeguards.
- The order permitted defense interviews while restricting use/disclosure to the instant litigation and requiring return/destruction of information.
- The Supreme Court reversed, holding the order too broad under Georgia privacy law and urged narrowly tailored, policy-driven precautions for ex parte interviews.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the qualified protective order comply with HIPAA §164.512(e)? | Order should meet HIPAA safeguards and permit only properly authorized disclosures. | Order satisfies HIPAA by providing a qualified protective order and ex parte access with safeguards. | Yes; order complies with HIPAA requirements. |
| Is the scope of information under the order too broad under Georgia privacy law? | Scope should be limited to information relevant to Baker’s medical condition at issue. | Broad exposure is permissible to facilitate discovery under HIPAA framework. | Too broad; must restrict disclosures to information relevant to the medical condition at issue. |
| What specific guardrails should orders for ex parte interviews include? | Not specified beyond general safeguards; enough to protect privacy. | Courts should tailor orders with careful specificity. | Trial courts should specify provider names, conditions at issue, that interviews are defendant-initiated, and voluntary, with possible patient notice or transcript when warranted. |
Key Cases Cited
- Moreland v. Austin, 284 Ga. 730 (Ga. 2008) (HIPAA preemption of state ex parte procedures; qualified protective orders required)
- King v. State, 272 Ga. 788 (Ga. 2000) (Georgia Constitution protects medical privacy)
- Orr v. Sievert, 162 Ga. App. 677 (Ga. App. 1982) (privacy waiver when information at issue in proceeding)