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HIPAA Compliance During Litigation and Discovery

Safeguarding PHI and Avoiding Violations When Responding to Subpoenas and Discovery Requests

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, March 6, 2019

Recorded event now available

or call 1-800-926-7926

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 laws when asked to produce protected health information (PHI) as a part of pending litigation.


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?


Stanger, Kim
Kim C. Stanger

Holland & Hart

Mr. Stanger's practice focuses on healthcare transactions, including practitioner and payor contracts, joint...  |  Read More

Zabaneh, Sean
Sean S. Zabaneh

Duane Morris

Mr. Zabaneh is a solutions-focused commercial trial attorney. He represents a diverse group of clients, including...  |  Read More

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