West Virginia Supreme Court
State of West Virginia ex rel. Hcr Manorcare, LLC; Hcr Manorcare, Inc.; Mc Operations Investments, Inc.; Hcrmc…
June 9, 2015235 W. Va. 677
Summary
The West Virginia Supreme Court denied ManorCare’s request to prohibit production of the Center Visit Summaries, finding the peer‑review privilege claim meritless, but granted relief on the Briefing Packets, holding the circuit court exceeded its jurisdiction by failing to hold an in‑camera review of those documents under the attorney‑client privilege. Justice Davis concurred in part and dissented in part, agreeing on the Briefing Packets issue and disagreeing on the Center Visit Summaries issue.
Holding
- Whether the circuit court erred in ordering production of the Center Visit Summaries claimed to be protected by the peer‑review privilege.. The court held that ManorCare’s claim of peer‑review privilege was without merit because it failed to establish the existence of a qualifying review organization; therefore, the circuit court did not exceed its jurisdiction and the prohibition relief was denied.
- Whether the circuit court erred in ordering production of the Board of Directors Briefing Packets claimed to be protected by the attorney‑client privilege.. The court held that the circuit court exceeded its jurisdiction by failing to conduct an in‑camera proceeding to determine the applicability of the attorney‑client privilege; therefore, the prohibition relief was granted with respect to the Briefing Packets.
Docket 15-0094
Cited authorities
- 105 W. Va. L. Rev. 369
- 105 W. Va. L. Rev. 369