Supreme Court of Arkansas

Arkansas Foundation for Medical Care Bryant Healthcare Center, LLC D/b/a Bryant Healthcare Center — Goodson, J…

October 4, 20122012 Ark. LEXIS 388

Summary

The dissent would have held that a writ of certiorari was appropriate to immediately review a discovery order compelling disclosure of information allegedly protected by federal Medicare and Medicaid confidentiality requirements. It reasoned that the dispute was not a mere discovery issue because disclosure could subject the petitioner to legal penalties and threaten the viability of a quality-improvement program. The dissent declined to reach whether the requested information was actually protected because the majority concluded that review was available only by appeal.