Bonney v. Stephens Memorial Hospital

Plaintiffs-Appellants Dwayne and Debbie Bonney appeal the lower courtâs decision granting summary judgment to Defendant-Appellee Stephens Memorial Hospital. The Court vacated the decision on the state law claims, and remanded the case back to the lower court for further proceedings. Plaintiffs drove themselves to the hospital after a violent assault that took place at their home. A hospital security guard overheard the Plaintiffsâ discussion with nursing staff, and said that he was going to call the police. Despite the Plaintiffsâ protest, the guard made the call, and disclosed all information he overheard. Based on this information, police obtained a warrant to search the Plaintiffs' home, found evidence of marijuana cultivation, leading to the Plaintiffsâ subsequent indictment and conviction on drug trafficking charges. Citing a violation of state and federal law for unauthorized disclosure of health care information, the Plaintiffs brought suit seeking damages from the hospital and the unnamed guard. On appeal, the Court found that the lower court erred in dismissing the Plaintiffsâ state claims under summary judgment: â30-A.M.R.S. § 287 does not shield health care providers for the unauthorized reporting of confidential health care information when the reporting involved is not related to an examination of a victim performed to obtain evidence for the prosecution.â The Court upheld dismissal of the Plaintiffsâ claims under the Health Insurance Portability and Accountability Act (HIPPA) finding the law authorizes no private cause of action.