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Subpoenas Health Care Providers Protected Health Information

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

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

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

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

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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