Key Discovery Points: BYOD Case Law Covering Subpoenas and Employee Handbooks
Your Guide to Dealing with Subpoenas Effectively
The Subpoena Playbook
AGG Talks: Healthcare Insights Podcast - Episode 8: What Healthcare Companies Need to Know When the Government Comes Knocking
AGG Talks: Antitrust and White-Collar Crime Roundup - The D.C. and Georgia Trump Indictments
What to Do When an Employee Receives a Subpoena
When Should Presidential Appointees Lawyer Up? [More with McGlinchey, Ep. 17]
Do I Need a Lawyer? Federal Employees Under Investigation [More with McGlinchey Ep. 1]
PODCAST: Williams Mullen's Benefits Companion - Government Investigative Demands
Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?
What Not To Do If You Are Involved in a Federal Criminal Investigation
Do You Need A Lawyer for a Federal Grand Jury Subpoena?
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
It is not common for issues related to the Health Insurance Portability and Accountability Act (HIPAA) to make headlines, particularly in a murder case. HIPAA has recently been the subject of court filings in People v. Luigi...more
Earlier this year, I wrote an article outlining a new HIPAA rule that became effective on December 23, 2024, requiring healthcare providers to obtain a Reproductive Attestation before releasing medical records in response to...more
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
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
A medical record is a documented account of an individual’s medical history, which can be information that can make or break certain legal cases. Most individuals will have unique medical information from multiple providers...more
A negligent surgeon, auto accident, personal injury, bar fight—many legal cases require requesting, analyzing, and organizing medical records. Whether you’re representing the plaintiff or the defendant, you’ll want to reduce...more
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
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
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
On November 5, 2021, Presiding Judge Hon. James P. Flannery, entered General Administrative Order 21-3, which mandates use of a new Standard HIPAA Qualified Protective Order (QPO) in the Cook County Law Division pursuant to...more
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
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
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
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
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
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
Healthcare providers often misunderstand their obligation to provide patient records in response to a request from a patient or third party....more
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
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
Litigants and third parties subpoenaed to produce information in litigation who believe that information that they deem confidential will not ever become part of the public record so long as a discovery protective order is in...more
This article will provide an outline of some of the most significant points for hospitals to use when confronted with a formal government investigation under the Criminal or Civil False Claims Act. As noted below, you should...more
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
RESPONDING TO SUBPOENAS AND OTHER REQUESTS FOR PERSONAL HEALTH INFORMATION: TAKE THEM AT FACE VALUE - Healthcare providers and other HIPAA covered entities receive requests for protected health information (“PHI”) from...more
Over the past months, my experiences with physician practices have made me realize that many practices do not understand how HIPAA applies to subpoenas for medical records. More worrisome, I suspect that many practices...more