Judicial and Administrative Proceedings Archives - HIPAA Templates

May a covered entity that is not a party to a legal proceeding disclose protected health information in response to a subpoena, discovery request, or other lawful process that is not accompanied by a court order?

Yes, if certain conditions are met. A covered entity that [...]

Jason Russell2020-09-10T21:48:02-04:00Judicial and Administrative Proceedings, Smaller Providers and Businesses|

When must a covered entity account for disclosures of protected health information made during the course of litigation?

Individuals have a right to receive, upon request, an accounting [...]

Jason Russell2020-09-10T21:47:38-04:00Judicial and Administrative Proceedings, Right to an Accounting of Disclosures, Smaller Providers and Businesses|

For disclosures for judicial and administrative proceedings, when is a copy of the subpoena itself sufficient satisfactory assurance of notice to the individual?

A copy of the subpoena (or other request pursuant to [...]

Jason Russell2020-09-10T21:47:15-04:00Judicial and Administrative Proceedings, Smaller Providers and Businesses|

For disclosures for judicial and administrative proceedings, can notice be provided to the individual’s lawyer instead of the individual?

Yes. A covered entity that is not a party to [...]

Jason Russell2020-09-10T21:46:52-04:00Judicial and Administrative Proceedings, Smaller Providers and Businesses|

What “satisfactory assurances” must a covered entity that is not a party to the litigation receive before it may respond to a subpoena without a court order?

Under 45 CFR 164.512(e)(1)(ii) of the Privacy Rule, a covered [...]

Jason Russell2020-09-10T21:46:33-04:00Judicial and Administrative Proceedings, Smaller Providers and Businesses|

May a covered entity that is a plaintiff or defendant in a legal proceeding use or disclose protected health information for the litigation?

Yes. Where a covered entity is a party to a [...]

Jason Russell2020-09-10T21:23:55-04:00Judicial and Administrative Proceedings, Minimum Necessary, Smaller Providers and Businesses, Treatment, Payment, and Health Care Operations Disclosures|

May a covered entity use or disclose protected health information for litigation?

A covered entity may use or disclose protected health information [...]

Jason Russell2020-09-10T21:46:08-04:00Judicial and Administrative Proceedings, Smaller Providers and Businesses|

May a covered entity disclose protected health information in response to a court order?

Yes. A covered entity may disclose protected health information to [...]

Jason Russell2020-09-10T21:45:48-04:00Judicial and Administrative Proceedings, Smaller Providers and Businesses|