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United States Tenth Circuit


CTR. FOR LEGAL ADVOCACY v. EARNEST, 02-1135

In an action seeking access to medical records in an investigation into a homeless patient's death, a hospital's emergency department did not qualify as a "program" within the meaning of the Confidentiality Provisions of 42 C.F.R. section 2, et seq.

Appellate Information

  • Decided 02/25/2003
  • Published 02/25/2003

Judges

  • McKAY, Circuit Judge., Before HENRY and McKAY, Circuit Judges, and OBERDORFER, Senior District Judge.

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Terry L. Fowler (Mark J. Ivandick with him on the briefs), Denver, CO, for Plaintiff-Appellant.

  • For Appellees:
  • Sharon E. Caulfield (W. Stuart Stuller with her on the brief) of Caplan and Earnest, LLC, Boulder, CO, for Defendants-Appellees.
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