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Health Care Providers Subpoenas Health Insurance Portability and Accountability Act (HIPAA)

Womble Bond Dickinson

[Webinar] Second Annual Health Care Fraud Symposium - September 10th, 12:30 pm - 2:30 pm EDT

Womble Bond Dickinson on

Heath care fraud remains a top priority for the DOJ. This year’s National Health Care Fraud Takedown was the biggest in United States history, resulting in the prosecution of 324 defendants in connection with over $14.6...more

Holland & Hart LLP

HIPAA and Subpoenas, Orders, and Administrative Demands

Holland & Hart LLP on

The HIPAA privacy rules (45 CFR § 164.501 et seq.) generally prohibit healthcare providers and their business associates from disclosing protected health information in response to subpoenas and other government demands...more

Goodwin

HHS OCR Proposes Changes to HIPAA to Support Reproductive Health Care Privacy

Goodwin on

On April 17, 2023, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”) issued a notice of proposed rulemaking to modify the Standards for Privacy for Individually Identifiable...more

Kennedys

Beyond borders: how to obtain a plaintiff’s medical records located outside the US

Kennedys on

A staple of personal injury litigation in the United States concerns the gathering and exchange of a plaintiff’s medical records through the discovery process. These records are often critical to defendants and must be...more

Harris Beach Murtha PLLC

Health Care Providers Beware: Subpoenas Continue to Be a Source of Concern

A recent Connecticut Appellate Court decision highlights the importance of health care provider attention to subpoenas involving patient information.  In January 2018, our office published a summary of a then-recent...more

Husch Blackwell LLP

Cook County Issues Revised HIPAA Order, Narrowing the Utility of Medical Provider Subpoenas

Husch Blackwell LLP on

On November 5, 2021, Cook County’s HIPAA Qualified Protective Order (“QPO”) was considerably reconstructed in light of the Illinois Supreme Court’s decision in Haage v. Zavala, 2021 IL 125918. Illinois litigators were...more

Katten Muchin Rosenman LLP

The Increasing Use of HIPAA Subpoenas in Federal Health Care Investigations

As the Department of Justice (DOJ) continues to prioritize health care enforcement, federal prosecutors are making increasing use of a lesser-known but versatile weapon in their investigative arsenal, the HIPAA subpoena....more

Cranfill Sumner LLP

HIPAA Compliance in Response to a Subpoena

Cranfill Sumner LLP on

We are frequently approached by health care providers who have received a subpoena demanding patient records for a lawsuit to which the health care provider is not a party. Often times these subpoenas arrive without warning...more

Holland & Hart - Health Law Blog

Producing Records of Other Providers

There is a common misunderstanding that healthcare providers may not or should not produce medical records that were created by another healthcare provider. Under HIPAA, patients have a right to access all records that a...more

Ward and Smith, P.A.

HIPAA: Responding to Law Enforcement and Administrative Requests and Demands Part I

Ward and Smith, P.A. on

The Health Insurance Portability and Accountability Act ("HIPAA") Privacy Rule attempts to strike a balance between the protection of a patient's privacy and the performance of important law enforcement functions. This...more

Steptoe & Johnson PLLC

Providers Beware: Take Care When Producing Mental Health Records in Response to Nonparty Subpoenas

Steptoe & Johnson PLLC on

A recent decision by the Supreme Court of Appeals of West Virginia draws a sharp line of distinction for hospitals responding to nonparty subpoenas against the unauthorized disclosure of confidential mental health records. In...more

Dentons

What Exactly Can I Tell the Cops about the Patient with a Gun?

Dentons on

As a healthcare provider, it can be extremely difficult to assess when you should reach out to law enforcement for assistance managing patients. There is a wide array of laws which impact how you communicate with law...more

Holland & Hart - Health Law Blog

Producing Patient Records: The “Designated Record Set,” the “Legal Health Record,” and Records Created by Other Providers

Healthcare providers often misunderstand their obligation to provide patient records in response to a request from a patient or third party....more

Mintz - Privacy & Cybersecurity Viewpoints

HIPAA spring check-up: Your obligations to safeguard third-party patient health information in medical records produced in...

You’ve had your apple a day, but you can’t keep the subpoenas away… And, if your organization is facing a request seeking records or other materials that may contain patient health information (“PHI”), it bears...more

Burr & Forman

Physicians Must Be Cautious When Responding To A Subpoena or Request for Medical Records

Burr & Forman on

Doctors must educate themselves and particularly their staff on the legal obligations to protect the confidentiality of medical records and how to properly respond to subpoenas and requests for patients’ health information....more

Dickinson Wright

Responding to Subpoenas and Other Requests for Personal Health Information: Take Them at Face Value

Dickinson Wright on

Healthcare providers and other HIPAA covered entities receive requests for protected health information (“PHI”) from a variety of sources on a daily basis. Such requests can range from informal requests made during the course...more

Robinson & Cole LLP

Beware medical records subpoenas: Connecticut Supreme Court issues opinion on negligence for noncompliance with HIPAA standards

Robinson & Cole LLP on

Health care providers and their medical records custodians constantly find themselves under pressure to release medical records immediately upon receipt of a subpoena. However, regardless of the subpoena or the pesky...more

Mintz - Health Care Viewpoints

Provider Beware: HIPAA and State Privacy Laws May Inform Negligence Suits

A recent opinion from the Connecticut Supreme Court illustrates that HIPAA is not the only law that covered entities and business associates must worry about if an unauthorized disclosure of protected health information (PHI)...more

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