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PROTECTION & ADVOCACY SYSTEM, INC. v. FREUDENTHAL

No. CIV.A. 05CV014J.

412 F.Supp.2d 1211 (2006)

PROTECTION & ADVOCACY SYSTEM, INC. Plaintiff, v. David FREUDENTHAL, in his official capacity as Governor of the State of Wyoming; Brent Sherard, in his official capacity as Director of the Wyoming Department of Health; Pablo Hernandez, in his official capacity as Administrator of the Wyoming State Hospital; Diane Baird-Hudson, in her official capacity as Administrator of the Wyoming State Training School; Defendants.

United States District Court, D. Wyoming.

January 6, 2006.

Attorney(s) appearing for the Case

Kathleen M. Karpan, Bagley Karpan Rose & White, Cheyenne, WY, for Plaintiff.

Melissa E. Westby, Patrick J. Crank, Wyoming Attorney General's Office, Terry L. Armitage, Wyoming Attorney General, Cheyenne, WY, for Defendants.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

ALAN B. JOHNSON, Chief Judge.

This Court has been asked to decide whether the confidentiality provisions of two federal statutes, the Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. § 1320d to d-8, and the federal Medicaid Act, 42 U.S.C. § 1396a(a)(7), prohibit the Plaintiff from accessing records at the Wyoming State Hospital...

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