Description
Learn how to respond to subpoenas and investigations while complying with HIPAA requirements, state law regulations, and patients privacy rights.
This presentation will broadly cover the topics relating to medical records and responding to subpoenas and investigations. Attendees will learn to identify potential legal pitfalls and how to respond to requests for protected health information in a way that is compliant with applicable patient privacy laws, including HIPAA.
Date: 2023-11-08 Start Time: 1:00 PM ET End Time: 2:05 PM ET
Learning Objectives
* You will be able to identify the legal framework of medical records and how the Health Insurance Portability and Accountability Act (HIPAA) applies to investigations.
* You will be able to examine the compliance and privacy measures for patient confidentiality while following legal protocol.
* You will be able to navigate the subpoena process and properly respond in a stepbystep overview.
* You will be able to discuss the challenges and consequences of handling subpoenas for medical records.
Basic HIPAA Overview
Medical Records Requests
• Who May Send Them
• What Formats to Expect
• Handling Verbal Requests
• Handling Written Requests
• Consideration Under the 21St Century Cures Act
Understanding Authorizations for the Release of PHI
Understanding the Subpoena
• Types of Subpoenas to Expect
• Steps for Analyzing Subpoenas Received by Practice
Considerations for Deceased Patients
Considerations for Psychotherapy Notes
Considerations for Law Enforcement Requests for PHI
• Types of Law Enforcement Investigations
• Dealing With Warrants, Grand Jury Subpoenas, Court Orders, and Administrative Requests
• Reporting Cases of Abuse, Neglect, and Domestic Violence
• Allowable Reporting to Law Enforcement Under HIPAA
Considerations for Requests Made by Guardian Ad Litem
Applicability of State Public Records, Open Records, and FOIA Laws
Practical First Steps for Addressing Requests
Questions
ACHE ,CLE (Please check the Detailed Credit Information page for states that have already been approved) ,HFMA ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Brock Malcolm-Bowles Rice LLP
