HIPAA Compliance During Litigation and Discovery

Counsel advising healthcare providers that are asked to produce PHI for pending litigation must respond to the request without violating HIPAA or federal and state rules governing litigation and discovery.

Counsel must evaluate whether the form of the request is proper and complies with federal and state law, whether the scope of information sought is appropriate, and whether all procedural requirements were met. Providers must avoid releasing more PHI than necessary.

Listen as our authoritative panel of healthcare attorneys discusses strategies for providers to ensure compliance with HIPAA and other federal and state laws when producing health records during litigation and discovery. The panel will explain best practices for responding to subpoenas and court orders requesting medical records, drafting and implementing qualified protective orders, and crafting authorizations for the release of health information.

1. Evaluating requests for PHI
   1. Subpoenas
   2. Court orders
   3. Discovery requests
2. Responding to requests for information
   1. State law considerations
   2. Compliance with HIPAA's security rule
   3. Determining scope of response needed
   4. Qualified protective orders
   5. Authorizations for the release of PHI
   6. E-discovery considerations

The panel will review these and other key issues:

• What are the key factors for counsel to consider in evaluating a request for PHI during the course of litigation?
• What special conditions does HIPAA place on providers responding to a subpoena or discovery request for medical records?
• What are the best practices for counsel drafting and implementing qualified protective orders in response to a request for PHI?