Justia Health Law Opinion Summaries

A father, involved in a custody dispute in Montana, subpoenaed his child's therapy records from a therapist in Wyoming. The therapist filed a motion to quash the subpoena, arguing that the records were privileged and confidential under Wyoming law and HIPAA, and that disclosing them would not be in the child's best interests. The district court in Park County partially granted the motion, allowing the father access to some records but withholding treatment notes, interviews, and process notes, citing the child's best interests.The district court's decision was based on the belief that protecting the child's best interests justified withholding certain records. However, Wyoming law does not recognize a child's best interests as a valid reason to deny a parent access to their child's therapy records if the parent has waived the privilege. The court did not provide any statutory or procedural basis for its decision, relying instead on a New Hampshire case, In re Berg, which is not binding in Wyoming and involved different legal standards.The Wyoming Supreme Court reviewed the case and found that the district court abused its discretion. The court held that Wyoming law, specifically W.R.C.P. 45 and Wyo. Stat. Ann. § 33-38-113, does not allow a court to quash a subpoena based on a child's best interests once the privilege has been waived by a parent. The court also clarified that HIPAA does not create a privilege that would prevent the disclosure of therapy records in judicial proceedings. Consequently, the Wyoming Supreme Court reversed the district court's decision and remanded the case, instructing the lower court to issue an order fully denying the therapist's motion to quash the subpoena. View "Loyning v. Potter" on Justia Law

The case revolves around Gracie and Jeff Richardson, the legal guardians of their adult son, JMR, who suffers from severe developmental and intellectual disabilities. JMR requires full-time care and receives the highest level of Medicaid benefits offered through the Home and Community Based Services Waiver Program (HCBS Program) administered by the Wyoming Department of Health. The HCBS Program offers numerous services to participants like JMR to meet their individually assessed needs. In 2017, the Department entered into a settlement agreement with the Richardsons to establish an individual plan of care for JMR that permitted him to spend his individual budget amount on adult day services, residential habilitation services (community living services), and respite services.In 2021, the Department reviewed JMR’s individual plan of care pursuant to a quality improvement review. The Department discovered JMR’s providers had been billing for respite services at the same time JMR had been receiving community living services. Under the Department’s Comprehensive and Supports Waiver Service Index (the Index), providers are not authorized to bill for both the daily rate of community living services and the fifteen-minute units of respite services. The Department, relying on the Index, notified the Richardsons that it was required to remove respite services from JMR’s individual plan of care. The Richardsons requested an administrative hearing, which upheld the Department’s decision. The Richardsons appealed to the district court, which affirmed the decision. The Richardsons then appealed to the Supreme Court of Wyoming.The Supreme Court of Wyoming affirmed the lower court's decision. The court found that the Department acted in accordance with law when it removed respite services from JMR’s individual plan of care. The court held that the Index, which was incorporated by reference in the Department’s Medicaid regulations, constituted a rule with the force and effect of law. The court also found that the Department’s quality improvement review, which was used to identify the billing deemed erroneous under the Index, was not considered a “rule” under the Wyoming Administrative Procedure Act and therefore did not require the rulemaking process before implementation. Finally, the court concluded that the Department’s removal of respite services from JMR’s individual plan of care did not violate the parties’ 2017 Settlement Agreement. View "Richardson v. State of Wyoming, Ex Rel. Wyoming Department of Health" on Justia Law

The Supreme Court affirmed the decision of the district court granting summary judgment in favor of the State in this action brought by Plaintiffs claiming that a contract health care provider for the State at the Wyoming Medium Correctional Institution (prison) acted negligently when she injected Appellants with the Janssen COVID-19 vaccine, holding that the State was immune from suit and liability.Plaintiffs, inmates at the prison, brought this action claiming that they were wrongfully injected with the Janssen COVID-19 vaccine because the consent forms Plaintiffs signed mentioned only the Moderna and Pfizer COVID-19 vaccines. The district court declined to allow Appellants additional time for limited discovery and granted summary judgment in favor of the State, finding that State had immunity. The Supreme Court affirmed, holding (1) the district court did not err when it declined to allow Plaintiffs limited discovery; and (2) the federal Public Readiness and Emergency Preparedness Act shielded the State from suit and liability in this case. View "Bird v. State" on Justia Law

The Supreme Court reversed the order of district court granting summary judgment to Riverton Memorial Hospital, LLC and dismissing this complaint alleging that Hospital violated the now-repealed Wyoming Hospital Records and Information Act, Wyo. Stat. Ann. 35-2-605 to 35-2-617, holding that a genuine issue of material fact existed precluding summary judgment.In their complaint, Rebecca and Tyler Wiese claimed that the Hospital failed to provide them all "health care information" concerning Rebecca's labor and delivery, including information associated with her Centricity Perinatal electronic medical record, in violation of the Act. The district court granted summary judgment of the Hospital, concluding that the Hospital complied with the Act by informing the Wieses and that Centricity electronic record and audit trial did not exist and/or could not be found. The Supreme Court reversed, holding (1) audit trails were "health care information" under the Act; and (2) a genuine issue of material fact existed as to whether Hospital complied with the Act with respect to Rebecca's Centricity electronic record and audit trail. View "Wiese v. Riverton Memorial Hospital, LLC" on Justia Law

The Supreme Court reversed in part and affirmed in part the decision of the district court granting summary judgment for Meritain Health, Inc., and dismissing David Peterson's claims against Meritain, holding that there were genuine issues of material fact as to some of Peterson's claims.Peterson, an insured under a hospital's health benefit plan, brought this action against the hospital and Meritain Health, Inc., the third-party administrator of the plan, alleging several claims arising from the denial of his claims for health insurance coverage. The district court granted Meritain's motion for summary judgment. The Supreme Court reversed in part and remanded the case, holding that there were genuine issues of material fact regarding Peteron's breach of contract claim, his third-party beneficiary claim, and his claim for breach of the covenant of good faith and fair dealing. View "Peterson v. Meritain Health, Inc." on Justia Law

The Supreme Court affirmed in part and dismissed part the judgment of the district court denying summary judgment in favor of the Wyoming State Hospital on Plaintiffs' claims asserting various claims of negligence under the Wyoming governmental Claims Act, Wyo. Stat. Ann. 1-39-101 - 120, holding that section 1-30-110's waiver of governmental immunity is not limited to medical malpractice claims.In denying the Hospital's motion for summary judgment, the district court concluded (1) the Hospital had waived its immunity under section 1-39-110, and (2) genuine issues of material fact precluded summary judgment. The Supreme Court affirmed in part and dismissed in part, holding (1) because it did not involve the purely legal issue of whether the Hospital was immune from suit under the Claims Act, the Hospital's appeal with respect to section 1-39-118 and proximate cause is dismissed for lack of jurisdiction; and (2) the district court did not err in concluding that the Hospital had waived its immunity under section 1-39-110. View "Wyoming State Hospital v. Romine" on Justia Law

The Supreme Court reversed the judgment of the district court granting Defendant's motion to compel arbitration under the "voluntary agreement for arbitration" Rick Miller signed on behalf of his mother, Julia Miller, after she was admitted to Life Care Center of Casper (LCCC), holding that Rick lacked authority to execute the agreement.After Julia died allegedly from injuries sustained during a series of mishaps at LCCC Rick filed this complaint stating claims of negligence and premises liability against Defendant. Defendant filed a motion to compel arbitration. The court granted the motion. The Supreme Court reversed, holding (1) Julia's durable power of attorney for health care did not grant Rick express actual authority to sign the arbitration agreement; (2) Julia did not hold Rick out as having apparent authority to sign the agreement; and (3) Rick was not authorized to execute the arbitration agreement as Julia's "surrogate" under the Wyoming Health Care Decisions Act, Wyo. Stat. Ann. 35-22-401 through 416. View "Miller v. Life Care Centers of America, Inc." on Justia Law

The Supreme Court reversed the judgment of the district court denying for lack of subject matter jurisdiction Petitioner's petition for an order recognizing her change of sex and gender so that she could amend her birth certificate, holding that the district court had subject matter jurisdiction.Petitioner's birth certificate identified her as male, but Petitioner identified and held herself out as female. Petitioner petitioned the district court for an order recognizing her change of sex and gender pursuant to its power of general jurisdiction and Wyo. Stat. Ann. 35-1-424(a). The district court denied the petition, concluding that neither the Wyoming Constitution, Wyo. Stat. Ann. 35-1-424, nor the rules of the Wyoming Department of Health (WDOH) granted it subject matter jurisdiction. The Supreme Court reversed, holding (1) the Wyoming Constitution and precedent require a presumption in favor of district court subject matter jurisdiction; (2) the Vital Records Act provides the district court subject matter jurisdiction to address Petitioner's petition for sex change; and (3) therefore, the district court has subject matter jurisdiction. View "MH v. First Judicial District Court of Laramie County" on Justia Law

The Supreme Court vacated the order of the district court holding Life Care Center of Casper in contempt when it failed to comply with an order compelling it to respond to a subpoena served on it in an action for appointment of a wrongful death representative, holding that the district court lacked jurisdiction to compel pre-suit discovery in the appointment proceeding.Plaintiff, the granddaughter of Betty June Cochran, filed a petition to be appointed Cochran's wrongful death representative after Cochran died allegedly after a fall at Life Care Center of Casper. The district court granted the petition. Thereafter, Plaintiff served life Care with a subpoena to compel discovery. Life Care provided only some of the subpoenaed documents. Plaintiff filed a motion to compel, and the district court granted the motion in part. Life Care filed a Wyo. R. Crim. P. 60(b)(6) motion requesting that the district court vacate its order compelling discovery. The district court denied the motion and found Life Care to be in civil contempt. The Supreme Court vacated the order, holding that the district court did not have jurisdiction under Wyo. Stat. Ann. 1-38-103 to compel pre-suit discovery because the sole purpose of a proceeding under section 1-38-103(b) is the appointment of a wrongful death representative. View "Life Care Center of Casper v. Barrett" on Justia Law

The Supreme Court reversed the judgment of the district court upholding the decision of the Department of Health for Medicaid, holding that the Department did not act in accordance with law when it denied Lucile Anderson’s application to have her sons’ payment of her attorney fees treated as a return of assets.The Department found Anderson eligible for nursing home benefits but suspended her eligibility as a penalty for her transfer of assets at below fair market value. Anderson’s sons paid the attorney fees and costs Anderson incurred in her unsuccessful appeal, and Anderson applied to have that payment treated as a return of assets, which would shorten the penalty period. The Department denied the application. The district court affirmed the Department’s decision. The Supreme Court reversed, holding that the Department erred in denying Anderson’s application because the Department’s Medicaid rules did not, as a matter of law, preclude the payment of Anderson’s attorney fees from being treated as a return of assets. View "Anderson v. State ex rel. Department of Health" on Justia Law