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An interesting HIPAA-related angle in the Donald Sterling trial — the, ah, outspoken longtime Los Angeles Clippers owner can’t use medical privacy laws to strike doctors’ testimony that he has Alzheimer’s disease, an article from Law360 points out.
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Sterling’s mental acuity is a critical aspect of a trial set to determine whether Sterling’s wife, Shelly, can sell the basketball team for $2 billion to former Microsoft CEO Steve Balmer. Earlier this month, two doctors testified that he has Alzheimer’s disease and is thus incapable of properly managing the trust that owns the Clippers.
Sterling’s attorneys have repeatedly said that the 80-year-old’s private health records have been used improperly; they also say that while he has mildly impaired cognition he is still cogent enough to remain a trustee. Shelly Sterling says she’s allowed to take over control of the trust because two doctors diagnosed her husband with the mental illness.
Law360 writes:
During a hearing in Los Angeles, Judge Michael Levanas said that even if the doctors violated state and federal medical privacy laws, the laws don’t give the court authority to strike the doctors’ testimony and reports on which Sterling’s wife, Shelly Sterling, has based her case.
“While there are remedies available in [the Health Information Portability and Accountability Act and California Confidentiality of Medical Information Act], this is not one of them that the legislature has provided to the court,” Judge Levanas said.
