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Public Health Information Management, Privacy and Security

In re University of Texas at San Antonio


In re University of Texas at San Antonio (Court of Appeals of Texas at San Antonio, January 20, 2021): The Texas Court of Appeals found that a trial court abused its discretion by compelling disclosure of a University of Texas at San Antonio (UTSA) employee’s medical records. The employee, Jimenez, refused to speak with a UTSA police officer about a workplace dispute, and subsequently sought medical attention for stress arising from the encounter. After the police officer was fired, the officer filed an EEOC discrimination claim and requested Jimenez’s medical records. The trial court compelled UTSA to disclose them, but the court of appeals disagreed since the documents were not within UTSA’s possession, custody, or control. Though Jimenez had voluntarily disclosed the documents to UTSA, the university did not have physical possession, nor did it have a right to possession equal or superior to that of Jimenez. Read the decision here

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