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HIPAA and How Medical Records Can Be Used in Court

What are three ways that medical records could be used in court?

According to HIPAA and organization policy, are there ways that medical records could be disclosed without patient consent? If so, what might those be?

What are some regulatory protections regarding privacy that are required of providers and health plans by HIPAA?

What obligations regarding the storage and disposal of paper and electronic medical records are imposed by HIPAA?

Solution Preview

What are three ways that medical records could be used in court?

Medical records can be subpoenaed in civil and criminal cases. A lawyer representing either party can file a medical records subpoena. There are stringent guidelines regarding the release of the records that are in place to protect the confidentiality of the records while allowing for examination, when necessary. The document must be directed at the person who controls the medical records and must be detailed. Patients' records can be subpoenaed without notification. As always, in the interest of assisting in the learning and research process, I will leave the rest of this question for you to answer.

According to HIPAA and organization policy, are there ways that medical records could be disclosed without patient consent? If so, what might those be?

HIPAA covers any information about a patient's past, present or future mental or physical health. HIPAA also covers information regarding how a patient may pay for her care. To be covered by HIPAA, information has to be kept by a covered entity such as a health care provider, health care plan, or health care clearinghouse.

Business associates of a covered entity can received protected health information without a patient's consent or knowledge. Such associates include, but ...

Solution Summary

There are stringent guidelines regarding the release of the records that are in place to protect the confidentiality of the records while allowing for examination, when necessary. The document must be directed at the person who controls the medical records and must be detailed.

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