Litigation Holds in Healthcare

Maintaining Patient Confidentiality and Complying With HIPAA's Privacy and Security Requirements

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

Conducted on Thursday, February 19, 2015

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to healthcare counsel on implementing litigation holds while complying with HIPAA’s privacy and security requirements. The panel will offer best practices for creating a plan to manage and preserve data subject to a litigation hold, while maintaining patient confidentiality.

Description

A Florida hospital provides a cautionary tale on the importance of having a plan for document preservation and complying with those policies and procedures. In this recent case, the hospital destroyed three years of patient records despite a litigation hold having been implemented. As a result, the court sanctioned the hospital [U.S. et al. v. Halifax Hosp. Med. Ctr. (M.D. Fla. 2014)].

When healthcare providers reasonably anticipate potential investigation or litigation, counsel must act immediately to comply with rules of discovery, including implementation of a litigation hold. This hold may raise unique challenges due to additional considerations of patient privacy and security.

Under HIPAA, providers must have safeguards in place to protect access to the ever-increasing amount of electronic data associated with patients. During a litigation hold, counsel to providers must continue to protect patient privacy and maintain security standards, despite the suspension of routine retention and destruction practices. Providers and their counsel must also prevent the unauthorized disclosure of protected patient health information.

Listen as our authoritative panel examines the duty to identify, locate and preserve potentially relevant data, while considering the obligation to maintain patient confidentiality and comply with HIPAA’s privacy and security rules. The panel will offer best practices for implementing litigation holds and managing privacy and regulatory concerns.

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Outline

  1. Implementation of litigation hold in compliance with discovery rules
  2. Complying with HIPAA's patient privacy and security requirements
  3. Best practices for ensuring compliance with discovery rules and protecting confidential patient information

Benefits

The panel will review these and other key issues:

  • What chief concerns must counsel address when implementing a litigation hold?
  • How do HIPAA’s privacy and security rules impact the execution of a hold?
  • What steps should counsel take to preserve patient confidentiality while complying with discovery requirements?

Faculty

Paul S. Davidson
Paul S. Davidson
Partner
Waller Lansden Dortch & Davis

Mr. Davidson has devoted more than 30 years to litigation involving antitrust, securities, fraud, breach of contract,...  |  Read More

Tera Rica Murdock
Tera Rica Murdock
Waller Lansden Dortch & Davis

Ms. Murdock is a skillful litigator and advocate in complex commercial, business and employment disputes. She has been...  |  Read More

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