Healthcare providers continue to have challenges with responding to attorney requests for information and subpoenas. We highlighted some of these last year, along with some issues providers should be considering to help meet those challenges. In this case, after the patient advised the provider not to disclose her PHI to her significant other, the
preemption
HIPAA Preempts Less Protective State Law Concerning Medical Records of Deceased Nursing Home Residents, Eleventh Circuit Rules
By Joseph J. Lazzarotti on
Posted in HIPAA, Written Information Security Program
Federal Appeals Court address HIPAA preemption of state law.
Continue Reading HIPAA Preempts Less Protective State Law Concerning Medical Records of Deceased Nursing Home Residents, Eleventh Circuit Rules
Another Hospital Burned for Disclosing Medical Records – State Law Protections Prevail Over HIPAA
By Jackson Lewis P.C. on
Posted in HIPAA
In another example of a medical provider facing potential civil liability for providing medical records in response to a subpoena, a federal court in the Northern District of Ohio denied summary judgment for the Cleveland Clinic and other defendants in Turk v. Oiler, No. 09-CV-381 (N. D. Ohio Feb 1, 2010. We previously discussed…