HIPAA and Data Privacy Compliance in Healthcare Litigation
Navigating Federal and State Regulatory Requirements; Evaluating Subpoenas, Court Orders, and Discovery Requests
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will guide healthcare counsel advising providers on complying with the Health Insurance Portability and Accountability Act (HIPAA) and other federal and state privacy laws when asked to produce health information as a part of pending litigation. The panel will discuss what qualifies as protected health information (PHI) and is subject to HIPAA, what health information does not qualify as PHI but may still be subject to other federal and state privacy laws, and best practices for remaining compliant when responding to subpoenas, court orders, and discovery requests.
Outline
- Introduction: overview of federal and state privacy laws regulating the handling of health data
- HIPAA
- Other federal regulation
- State privacy laws
- Evaluating types of information requests and differing compliance requirements
- Subpoenas
- Court orders
- Discovery requests
- Remaining compliant when responding to requests for health information
- What health information qualifies as PHI?
- What health information does not qualify as PHI but may still be subject to privacy laws?
- Determining scope of response required
- Qualified protective orders
- Release authorizations
- Practitioner takeaways
Benefits
The panel will review these and other important issues:
- What are the key factors for counsel to consider in evaluating a request for health information during the course of litigation?
- What other laws in addition to HIPAA should counsel consider when determining how to handle litigation requests for health data?
- What special conditions does HIPAA place on providers responding to a subpoena, court order, or discovery request for medical records?
- What are key considerations for producing health information that does not qualify as PHI?
- What are the best practices for counsel when drafting and implementing qualified protective orders in response to a request for health records?
Faculty
Eliot T. (Eli) Burriss
Partner
Faegre Drinker Biddle & Reath
Mr. Burriss represents clients in sophisticated litigation matters, with a scope that includes derivative actions,... | Read More
Mr. Burriss represents clients in sophisticated litigation matters, with a scope that includes derivative actions, M&A disputes, software license and data breach litigation, antitrust litigation, and trade secret litigation. He also has extensive experience litigating matters that arise under the Employee Retirement Income Security Act (ERISA), including 401(k) litigation, employee stock ownership plan (ESOP) litigation, and representing some of the world’s largest health plan administrators and insurers, advising on a variety of litigation matters, including anti-fraud litigation, provider disputes and regulatory issues.
CloseEarly Discount (through 09/12/25)
