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more on Wow... no privacy left, is there? - DoJ, subpoenas & HIPAA
From: Dave Farber <dave () farber net>
Date: Sat, 14 Feb 2004 11:39:25 -0500
Date: Sat, 14 Feb 2004 10:55:23 -0500 (EST) From: Valid reason, so I removed id djf Subject: Re: [IP] more on Wow... no privacy left, is there? - DoJ, subpoenas & HIPAA Ethan Ackerman's interpretation of the HIPAA Privacy Rule applies only to subpoenas that are NOT accompanied by an order of a court or administrative tribunal. It does NOT apply to court orders. In response to a court order, HIPAA allows a covered entity (e.g. hospital) to disclose whatever information is expressly authorized by the order. There is no requirement to obtain a qualified protective order, or even to require assurances that the requestor has tried to notify the patient. Since the disclosure is permissive ("may disclose" rather than "shall disclose"), the hospital can choose to hand the information over, negotiate terms, fight it, or ignore it and face the penalties, all without being in violation of HIPAA. They can't, however, claim that HIPAA bars them from responding to it without a qualified protective order. The actual language: 164.512(e) Standard: disclosures for judicial and administrative proceedings. (1) Permitted disclosures. A covered entity may disclose protected health information in the course of any judicial or administrative proceeding: (i) In response to an order of a court or administrative tribunal, provided that the covered entity discloses only the protected health information expressly authorized by such order; or (ii) In response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal, if: (rules on qualified protective orders, reasonable assurances, etc. omitted) ------------------------------------- You are subscribed as interesting-people () lists elistx com To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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- more on Wow... no privacy left, is there? - DoJ, subpoenas & HIPAA Dave Farber (Feb 14)
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- more on Wow... no privacy left, is there? - DoJ, subpoenas & HIPAA Dave Farber (Feb 14)