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1 hipaa
2 history
3 3 min.
4 1996
5 purposes
6 purposes 1. improve portability and continuity of coverage
7 1. improve portability and continuity of coverage 2. combat waste, fraud, and abuse in health insurance and healthcare delivery purposes
8 1. improve portability and continuity of coverage 2. combat waste, fraud, and abuse in health insurance and healthcare delivery 3. promote use of medical savings accounts purposes
9 1. improve portability and continuity of coverage 2. combat waste, fraud, and abuse in health insurance and healthcare delivery 3. promote use of medical savings accounts 4. improve access to long term care services and coverage purposes
10 1. improve portability and continuity of coverage 2. combat waste, fraud, and abuse in health insurance and healthcare delivery 3. promote use of medical savings accounts 4. improve access to long term care services and coverage 5. simplify administration of health insurance purposes
11 1. improve portability and continuity of coverage 2. combat waste, fraud, and abuse in health insurance and healthcare delivery 3. promote use of medical savings accounts 4. improve access to long term care services and coverage 5. simplify administration of health insurance purposes 6. end world hunger and usher in everlasting peace on earth
12 1. improve portability and continuity of coverage 2. combat waste, fraud, and abuse in health insurance and healthcare delivery 3. promote use of medical savings accounts 4. improve access to long term care services and coverage 5. simplify administration of health insurance purposes 6. end world hunger and usher in everlasting peace on earth
13 1. improve portability and continuity of coverage 2. combat waste, fraud, and abuse in health insurance and healthcare delivery 3. promote use of medical savings accounts 4. improve access to long term care services and coverage 5. simplify administration of health insurance purposes
14 purposes simplify administration of health insurance
15 purposes simplify administration of health insurance
16 purposes simplify administration of health insurance
17 purposes simplify administration of health insurance
18 purposes simplify administration of health insurance
19 purposes simplify administration of health insurance
20 purposes simplify administration of health insurance
21 purposes simplify administration of health insurance
22 purposes simplify administration of health insurance
23 purposes simplify administration of health insurance
24 purposes simplify administration of health insurance
25 simplify administration of health insurance purposes privacy
26 privacy
27 privacy
28 privacy
29 privacy afterthought
30 privacy
31 privacy
32 privacy
33 privacy Standards for Privacy of Individually Identifiable Health Information
34 Standards for Privacy of Individually Identifiable Health Information S.P.I.I.H.A. privacy
35 Standards for Privacy of Individually Identifiable Health Information S.P.I.I.H.A. privacy
36 Standards for Privacy of Individually Identifiable Health Information PRIVACY RULE privacy
37 history
38 The Privacy Rule prohibits covered entities and business associates from using or disclosing protected health information except as HIPAA requires or permits privacy rule
39 required disclosures: privacy rule
40 required disclosure: 1. patient requests it privacy rule
41 required disclosure: 2. HHS requests it to enforce HIPAA privacy rule
42 permissive disclosures: privacy rule
43 permissive disclosures: 1. to the patient (even absent patient request) privacy rule
44 permissive disclosures: 2. treatment, payment or healthcare operations privacy rule
45 permissive disclosures: 3. inadvertently occurring during permitted or required disclosure privacy rule
46 permissive disclosures: 4. Written patient authorization privacy rule
47 permissive disclosures: 5. agreed disclosures privacy rule
48 permissive disclosures: 6. public interest privacy rule
49 permissive disclosures: 6. public interest privacy rule
50 permissive disclosures: 6. public interest privacy rule
51 permissive disclosures: 6. public interest a. required by law privacy rule
52 permissive disclosures: 6. public interest a. required by law b. public health privacy rule
53 permissive disclosures: 6. public interest a. required by law b. public health c. victims (abuse... ) privacy rule
54 permissive disclosures: 6. public interest a. required by law b. public health c. victims (abuse... ) d. health oversight privacy rule
55 permissive disclosures: 6. public interest a. required by law b. public health c. victims (abuse... ) d. health oversight e. judicial proceedings privacy rule
56 privacy permissive disclosures: 6. public interest a. required by law b. public health c. victims (abuse... ) d. health oversight e. judicial proceedings f. about decedents rule
57 privacy rule permissive disclosures: 6. public interest a. required by law b. public health c. victims (abuse... ) d. health oversight e. judicial proceedings f. about decedents g. law enforcement
58 privacy rule permissive disclosures: 6. public interest a. required by law b. public health c. victims (abuse... ) d. health oversight e. judicial proceedings f. about decedents g. law enforcement h. cadaver donation
59 privacy rule permissive disclosures: 6. public interest a. required by law b. public health c. victims (abuse... ) d. health oversight e. judicial proceedings f. about decedents g. law enforcement h. cadaver donation i. research
60 privacy rule permissive disclosures: 6. public interest a. required by law b. public health c. victims (abuse... ) d. health oversight e. judicial proceedings f. about decedents g. law enforcement h. cadaver donation i. research j. avert threats
61 privacy rule permissive disclosures: 6. public interest a. required by law b. public health c. victims (abuse... ) d. health oversight e. judicial proceedings f. about decedents g. law enforcement h. cadaver donation i. research j. avert threats k. gov t functions
62 privacy rule permissive disclosures: 6. public interest a. required by law b. public health c. victims (abuse... ) d. health oversight e. judicial proceedings f. about decedents g. law enforcement h. cadaver donation i. research j. avert threats k. gov t functions
63 privacy rule permissive disclosures: 6. public interest a. required by law b. public health c. victims (abuse... ) d. health oversight e. judicial proceedings f. about decedents g. law enforcement h. cadaver donation i. research j. avert threats k. gov t functions
64 a. required by law e. judicial proceedings privacy rule
65 a. required by law privacy rule
66 a. required by law privacy rule
67 a. required by law TRCP 176.6(e) privacy rule
68 a. required by law TRCP 176.6(e) privacy rule.... A person need not comply with the part of a subpoena from which protection is sought under this paragraph unless ordered to do so by the court....
69 a. required by law TRCP 176.6(e) privacy rule.... A person need not comply with the part of a subpoena from which protection is sought under this paragraph unless ordered to do so by the court....
70 privacy rule permissive disclosures: 6. public interest a. required by law b. public health c. victims (abuse... ) d. health oversight e. judicial proceedings f. about decedents g. law enforcement h. cadaver donation i. research j. avert threats k. gov t functions
71 privacy rule permissive disclosures: 6. public interest a. required by law b. public health c. victims (abuse... ) d. health oversight e. judicial proceedings f. about decedents g. law enforcement h. cadaver donation i. research j. avert threats k. gov t functions
72 a. required by law e. judicial proceedings privacy rule
73 e. judicial proceedings privacy rule
74 e. judicial proceedings privacy rule
75 e. judicial proceedings privacy rule
76 e. judicial proceedings privacy rule
77 e. judicial proceedings privacy rule
78 e. judicial proceedings privacy rule
79 e. judicial proceedings privacy rule
80 e. judicial proceedings notice or protective order privacy rule
81 e. judicial proceedings notice or protective order privacy rule
82 e. judicial proceedings notice: satisfactory assurance privacy rule
83 e. judicial proceedings notice: satisfactory assurance in writing privacy rule
84 e. judicial proceedings notice: satisfactory assurance in writing accompanying docs privacy rule
85 e. judicial proceedings privacy notice: satisfactory assurance in writing accompanying docs good faith attempt to provide written notice rule
86 e. judicial proceedings privacy rule notice: satisfactory assurance in writing accompanying docs good faith attempt to provide written notice sufficient information re: litigation to object
87 e. judicial proceedings privacy rule notice: satisfactory assurance in writing accompanying docs good faith attempt to provide written notice sufficient information re: litigation to object and time lapsed without objection or court overruled
88 e. judicial proceedings privacy rule notice: satisfactory assurance in writing accompanying docs good faith attempt to provide written notice sufficient information re: litigation to object and time lapsed without objection or court overruled
89 e. judicial proceedings notice or protective order privacy rule
90 e. judicial proceedings protective order privacy rule
91 e. judicial proceedings protective order: privacy rule
92 e. judicial proceedings protective order: satisfactory assurance privacy rule
93 e. judicial proceedings protective order: satisfactory assurance in writing privacy rule
94 e. judicial proceedings protective order: satisfactory assurance in writing with docs showing privacy rule
95 e. judicial proceedings protective order: privacy rule satisfactory assurance in writing with docs showing parties agreed to a qualifying protective order and submitted it to the court
96 e. judicial proceedings protective order: privacy rule satisfactory assurance in writing with docs showing parties agreed to a qualifying protective order and submitted it to the court OR party seeking info requested
97 e. judicial proceedings protective order: privacy rule satisfactory assurance in writing with docs showing parties agreed to a qualifying protective order and submitted it to the court OR party seeking info requested
98 e. judicial proceedings protective order: privacy rule satisfactory assurance in writing with docs showing parties agreed to a qualifying protective order and submitted it to the court OR party seeking info requested use limited to litigation
99 e. judicial proceedings protective order: privacy rule satisfactory assurance in writing with docs showing parties agreed to a qualifying protective order and submitted it to the court OR party seeking info requested use limited to litigation and return or destruction at end
100 required by law notice qualifying protective order privacy rule
101 violation consequences
102 Bad Things
103 for the responding party: no express private right of action violation consequences
104 for the responding party: courts refused to imply private right of action violation consequences
105 for the responding party: government investigation violation consequences
106 for the responding party: government civil penalties violation consequences
107 for the responding party: government criminal penalties violation consequences
108 for the responding party: may set the standard of care in torts: violation consequences Byrne v. Avery Center for Obstetrics
109
110 for the requesting party: potential criminal liability violation consequences
111
112 for the requesting party: DOJ Opinion: person not limited to covered entity violation consequences
113 for the requesting party: DOJ Opinion: violation consequences knowingly means person knew facts not that conduct violated the law
114 for the requesting party: DOJ Opinion: no direct violation for causing another to violate hipaa violation consequences
115 for the requesting party: DOJ Opinion: aiding and abetting liability violation consequences aids, abets, counsels, commands, induces,... crime
116 for the requesting party: sanctions civil procedure rules for subpoenas violation consequences
117 for the requesting party: retaliatory conduct BNSF v. White violation consequences
118 for the requesting party: retaliatory conduct violation consequences Noerr- Pennington Doctrine
119 for the issuing lawyer: lawyer immunity may not apply to criminal liability violation consequences
120 for the issuing lawyer: violation consequences lawyer immunity may not apply to civil liability for issuing a subpoena Rodrigues v. City of New York
121 for the issuing lawyer: violation consequences lawyer immunity may not apply to civil liability for hipaa subpoena Fuhler v. Gateway Medical
122 for the issuing lawyer: lawyer immunity may not protect client from exposure violation consequences
123 use of medical in litigation: violation ADA civil exposure for filing public pleadings that disclose medical consequences
124 use of medical in litigation: violation ADA civil exposure for filing public pleadings that disclose medical consequences
125 good practices: plan
126 good practices: plan for plaintiff s counsel: gather medical
127 good practices: plan for plaintiff s counsel: gather medical write doctors
128 good practices: plan for defense counsel: know hipaa rules give assurances
129 good practices: plan for in-house counsel: have a protocol for outside counsel on subpoenas for medical and use
130 David L. Wiley Gibson Wiley PLLC thank you!
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