Filed Date: July 22, 2013
Closed Date: Dec. 14, 2014
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This is a case about whether a Protection and Advocacy (P&A) agency can use its records access authority to receive peer review and internal investigation records regarding a deceased psychiatric facility resident. On July 22, 2013, Disability Rights North Carolina (Disability Rights NC) filed this lawsuit in the U.S. District Court for the Western District of North Carolina. Disability Rights NC filed this lawsuit against Frye Regional Medical Center (Frye), a medical center with an inpatient psychiatric facility, under the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act. Representing itself, DR North Carolina sought injunctive relief in the form of requiring Frye to provide them with internal investigation and related peer review records under its PAIMI Act investigatory authority. Judge Richard Voorhees presided over this matter.
Disability Rights NC initiated an investigation after they found probable cause that a Frye resident’s death may have resulted from abuse and neglect at the facility. Disability Rights NC requested the resident’s medical records, Frye’s internal death investigation, and related peer review records. Frye only provided Disability Rights NC with the deceased resident’s medical records. Frye responded to Disability Rights NC’s complaint with a Motion to Dismiss for failure to state a claim that argued a North Carolina state law made the internal investigation and peer review documents privileged materials. On November 7, 2014, the court denied Frye’s Motion to Dismiss because the PAIMI Act pre-empts any state law on privileged records. Moreover, the state law Frye relied upon only provided privilege in the context of discovery requests for civil action. Thus, the court determined that Frye must provide Disability Rights NC with all the documents they requested under the PAIMI Act.
On December 15, 2014, the court authorized a Stipulation of Dismissal with prejudice that required Frye provide Disability Rights NC with the peer review and internal investigation documents that they requested.
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5621364/parties/disability-rights-north-carolina-v-frye-regional-medical-center-inc/
Rittelmeyer, John Richard (North Carolina)
Sullivan, Kristine Louise (North Carolina)
Dildine, Laura Jeanne (North Carolina)
Nelson, Kip D. (North Carolina)
Last updated July 14, 2023, 3:05 a.m.
State / Territory: North Carolina
Filing Date: July 22, 2013
Closing Date: Dec. 14, 2014
Case Ongoing: No
Disability Rights North Carolina is a protection and advocacy organization.
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Causes of Action:
Prevailing Party: Plaintiff
Nature of Relief:
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