Subpoenas for Medical Records: What You Need to Know to Comply with HIPAA
Gain critical information on what your obligations are when you receive a subpoena and the laws regarding confidentiality, disclosure and reporting of protected health information.
Make sure you know the law. Join us for this 75-minute webinar to discover:
- When medical information is PHI & when it's privileged
- Laws to consider when releasing patient health information
- HIPAA & litigation - responding to subpoenas and court orders
- Considerations for requests for records with special circumstances
- Real-life examples of pitfalls to avoid - steer clear of legal trouble
Requests for Medical Records: Guidelines to Protect a Patient's Rights
- What kind of information is protected under HIPAA
- Physician-patient privilege information vs. PHI - what's the difference
- Specific guidance when handling patient requests for medical records
- Information that can and cannot be released and under what circumstances
- Mental health records, workers comp cases, psychotherapy notes & more
- Special consideration for drug and alcohol treatment records
HIPAA & Litigation: Do's & Don'ts to Avoid Legal Trouble
- Steps to take when a subpoena, court order or warrant is received
- Before disclosure - rules for HIPAA authorization
- Guidance when preparing draft qualified protective orders
- Disclosures without authorization - what you need to know
- When is a written statement of "Satisfactory Assurance" required?
- Navigating deadlines: When are they hard & fast - when can they slide?
You've Been Served: Additional Considerations when Disclosing PHI
- Laws to consider when disclosing protected health information
- State laws regarding confidentiality of medical records
- What actions are considered a waiver of privilege
- Civil and monetary penalties for violating HIPAA
- When HIPAA does not apply - what you need to know
- Examples of common pitfalls & how to avoid legal liability
Live Question & Answer Session - Have your questions answered by the expert!
About the Speaker
Nathan Kottkamp is Senior Counsel with McGuireWoods.
- Nathan concentrates his practice in healthcare law, including federal and state regulatory compliance, HIPAA, EMTALA, privacy and confidentiality requirements, data breach response, patient rights and clinical ethics, fraud and abuse, self-referral prohibitions, medical staff privileges, healthcare contracts, "certificate of public need" proposals, reproductive medicine, healthcare antitrust, healthcare professional education accreditation, advance directives, and reimbursement issues.
- His clients include health systems, hospitals, specialized medical practices, mental health services providers, pharmacies and universities.
- Nathan is a frequent speaker on a range of healthcare topics including HIPAA, EMTALA, and advance directives.
- Nathan holds the CIPP/US credential as a Certified Information Privacy Professional from the International Association of Privacy Professionals (IAPP).
- Nathan is the Founder and Chair of National Healthcare Decisions Day (April 16), an annual event to inspire, educate and empower the public and providers about the importance of advance care planning.
Gain critical guidance on how to comply with subpoena or court ordered requests for a patient's medical record while complying with HIPAA and patient privacy rights to avoid legal trouble.
This program has been approved for 1 (HR (General)) recertification credit hour toward aPHRTM, aPHRiTM, PHR®, PHRca®, SPHR®, GPHR®, PHRiTM and SPHRiTM recertification through the HR Certification Institute. Learn more at hrci.org