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 nationwide routinely violate HIPAA when they receive a subpoena.
Here’s what I’ve observed: Practices receive state court subpoenas that are signed by lawyers and that demand the production of medical records, and the practices automatically assume they must produce the records. This is a dangerous assumption—the production of the records may very well ... Read More
by Forrest Campbell, Health Law Attorney, fcampbell@brookspierce.com
In light of the Ebola outbreak, HHS's Office for Civil Rights ("OCR") issued a bulletin to accomplish two things: (i) ensure that HIPAA covered entities and business associates understand how PHI may be shared in emergency situations, and (ii) remind parties that HIPAA's privacy requirements are not set aside during an emergency. The bulletin can be accessed through this ... Read More
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