Medical records are a powerful weapon in the courtroom. They may reveal the extent of an individual’s injury in a personal injury case or substantiate the severity of an individual’s mental illness when that mental illness is being used as a defense. However, while using medical records in litigation can be a dream come true for litigators, it can be a nightmare for health care providers (“Providers”). Upon receiving a subpoena or other document requesting access to medical records, a Provider must determine whether he or she is required to release medical information or is prohibited from doing so under state and federal law. If a Provider improperly releases information, the penalty could be a hefty fine.
The Health Information Portability and Accountability Act (“HIPAA”) and its implementing regulations place constraints on the release of an individual’s protected health information (“PHI”) by Providers to litigants. 45 C.F.R. 164.512(e). Under HIPAA, there are four methods to obtain access to medical records for the purposes of judicial and administrative proceedings. Each of these methods is more fully explained below: Continue Reading