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.
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 step-by-step overview.
- You will be able to discuss the challenges and consequences of handling subpoenas for medical records.
Agenda
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
Speakers
Brock Malcolm,
Bowles Rice LLP- Leader of the Bowles Rice Health Care Practice Group. Served as In-House Legal Counsel, Chief Operations Officer, and Privacy Officer for a leading Federally Qualified Health Center
- Developed full-service healthcare practice, representing hospitals, FQHCs, insurance companies, and a wide range of small independent practices established by physicians, dentists, and behavioral health providers. Primary focuses are HIPAA privacy issues, labor and employment issues, certificate of need, and other healthcare regulatory law matters
- Recognized by Chambers USA as one of America’s Leading Business Lawyers (Healthcare
- Named one of The Best Lawyers in America® (Health Care Law) since 2022
- Served on the Medical Subcommittee of the U.S. Attorney’s Addiction Action Plan task force, currently serves on the boards of many of the leading healthcare organizations within West Virginia, including Partners In Health Network, West Virginia Rural Health Association, and the Center for Rural Health Development
- Primary author of the firm’s West Virginia Health Care Law blog
Who Should Attend
This live webinar is designed for medical records directors, health information directors, coders, business managers, office managers, nurses, hospital administrators, billing managers, release of records professionals, compliance managers, and attorneys.
