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 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.
Outline
- Evaluating requests for PHI
- Subpoenas
- Court orders
- Discovery requests
- Responding to requests for information
- State law considerations
- Compliance with HIPAA's security rule
- Determining scope of response needed
- Qualified protective orders
- Authorizations for the release of PHI
- E-discovery considerations
Benefits
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?
Faculty
Kim C. Stanger
Partner
Holland & Hart
Mr. Stanger's practice focuses on healthcare transactions, including practitioner and payor contracts, joint... | Read More
Mr. Stanger's practice focuses on healthcare transactions, including practitioner and payor contracts, joint ventures, practice formations, acquisitions, and mergers, conversions and physician integration. He helps clients comply with laws and regulations governing healthcare, including Stark, the Anti-Kickback Statute, HIPAA, EMTALA, HITECH, Medicare and Medicaid requirements, and licensing rules. He also advises clients in governance matters, including drafting and implementing board and medical staff bylaws, policies and rules.
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Sean S. Zabaneh
Partner
Duane Morris
Mr. Zabaneh is a solutions-focused commercial trial attorney. He represents a diverse group of clients, including... | Read More
Mr. Zabaneh is a solutions-focused commercial trial attorney. He represents a diverse group of clients, including public and private companies, financial institutions, venture capitalists, and private equity funds. Mr. Zabaneh has substantial courtroom experience having appeared in dozens of state and federal court trials, arbitrations, administrative proceedings, government investigations, and mediations. In addition to managing all aspects of litigation, Mr. Zabaneh frequently advises clients in connection with business transactions designed to avoid or resolve litigation, including the negotiation of complex transactions as solutions to disputes.
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