Insurance Litigation: Navigating Complex HIPAA Privacy Rules in the Discovery of Key Medical Records

Description

While HIPAA’s goal is to protect the confidentiality of patients’ medical records, the law presents a complex set of obstacles for litigators seeking medical information or records of individuals, especially records of plaintiffs in insurance claims litigation.

HIPAA covered entities cannot disclose protected health information without a written authorization. Under HIPAA’s privacy regulations, a valid authorization must contain specific and detailed statements. Because of these detailed requirements, many providers require counsel use their approved authorization form.

If counsel cannot obtain a signed HIPAA authorization from the individual for whom medical records are sought, counsel can either obtain a court order allowing access to the records or seek the information via subpoena or discovery request. In addition to HIPAA, counsel must navigate state laws and procedural rules governing the discoverability of medical information.

Listen as our authoritative panel of insurance litigators guides claims counsel through the complex steps to obtain medical or health records of individuals, including plaintiffs, in light of HIPAA privacy regulations and related state laws and procedural rules. The panel will discuss requirements for valid HIPAA authorization forms and other essential discovery tools such as subpoenas, discovery requests, and protective orders.