Insurance Litigation: Navigating Complex HIPAA Privacy Rules in the Discovery of Key Medical Records
Complying With Federal and State Laws on HIPAA Authorization Forms, Subpoenas, Discovery Requests, and Protective Orders
Recording of a 90-minute CLE webinar with Q&A
This CLE course will instruct insurance claims counsel on navigating complex Health Insurance Portability and Accountability Act (HIPAA) privacy rules and state laws and procedural rules governing the discoverability of protected health information to obtain medical records of individuals, including plaintiffs. From HIPAA authorization forms to subpoenas, discovery requests, and protective orders, the panel will provide insurance claims counsel with the necessary tools to obtain protected health information needed for litigation.
Outline
- Impact of HIPAA on obtaining medical records in insurance claims litigation
- Overview of HIPAA privacy rules
- Elements for valid HIPAA authorization to release information
- Monetary costs of receiving medical records from healthcare providers
- Practical tips for navigating HIPAA authorizations
- Alternative methods for obtaining medical records without an authorization
- Subpoena
- Discovery requests
- Court orders
- Protective orders
- State laws and procedures governing discoverability of medical records
Benefits
The panel will review these and other key questions:
- What specific requirements and statements do HIPAA privacy rules require for a valid authorization to release an individual’s medical records and information?
- How can litigation counsel obtain medical records if the individual refuses to execute the appropriate HIPAA authorization for release form?
- What state laws may also impact counsel’s ability to obtain medical records in litigation?
Faculty
Sidney J. Hardy
McCranie Sistrunk Anzelmo Hardy McDaniel & Welch
Mr. Hardy has served as lead counsel, trying over 70 jury trials to conclusion, in both federal and state courts since... | Read More
Mr. Hardy has served as lead counsel, trying over 70 jury trials to conclusion, in both federal and state courts since 1980. He has represented defendants in matters involving insurance coverage litigation, transportation and trucking, construction, products liability, premises liability, commercial disputes, environmental claims, and class actions. Mr. Hardy has extensive experience in representing both primary and excess insurance carriers in all stages of litigation.
CloseMichael P. Lowry
Thorndal Armstrong Delk Balkenbush & Eisinger
Mr. Lowry’s practice includes the defense of clients in commercial transportation, product liability, retail and... | Read More
Mr. Lowry’s practice includes the defense of clients in commercial transportation, product liability, retail and professional liability cases. His transportation practice has included representing the state’s largest taxi cab operation and what was the country’s largest single contract fixed route bus operation. He independently authors Compelling Discovery, a blog which actively discusses appropriate civil discovery.
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