HIPAA and the Administrative Subpoena

Mark R. Brengelman

Mark R. Brengelman

Mark holds Bachelor’s and Master’s degrees in Philosophy from Emory University and a Juris Doctorate from the University of Kentucky. Retiring as an Assistant Attorney General, he now represents Health care professionals Two government ethics commissions, and Parents and kids in confidential child abuse and neglect cases,...
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Pre-recorded
60 Mins
Mark R. Brengelman

How HIPAA does or does not protect you when the government comes calling for your patient records and you are in trouble.

This webinar starts with some basic HIPAA requirements then diverts to a review of state licensure laws that allow state investigative agencies to exploit HIPAA exceptions for various law enforcement purposes. Attendees should have a basic understanding of HIPAA and how state agencies investigate for alleged violations of law.

This webinar reviews core privacy requirements of HIPAA then covers in detail the ways state licensure boards and agencies use the authority of state law to cover HIPAA exceptions and gain access to your patient records. This webinar shows how state agencies use state law in concert with HIPAA exceptions to conduct government-lead investigations.

These exceptions can also be used by federal agencies in the same way.

What authority exists in state law to do so? How does that mesh with the federal law requirements and privacy mandates of HIPAA? What do you do when the government comes calling for protected health information on your patient? Or on all your patients? And because you are in trouble? What do you do when you are under investigation.

Gain a firm understanding of how state law authorizes state licensure boards and agencies to use HIPAA exceptions to gain access to your patients’ protected health information when you are under investigation. Know the state authority under its police powers to protect the health, welfare, moral, and safety of the public in various health care context.

The basic provisions of privacy and security for protected health information are well known. They serve to protect health information of the patient from prying eyes. Yet many exceptions exist that allow state licensure boards and other government agencies to exploit federal HIPAA exceptions to gain access to your patients’ protected health information in the course of an investigation by a state or federal agency.

Why would this happen? Because you are in trouble, and your very license to practice your chosen profession is under investigation and is on the line.
  
Examine the law enforcement purposes of a civil nature as applied to both the federal and state government and its law enforcement activities where civil investigations are underway that can result in both criminal and civil consequences.
 
Erase the uncertainty and doubt that exists when the health care practitioner is confronted with a state agency demand for information because you are in trouble and under investigation.
  
Continue an in-depth focus and find out in this informative webinar that arms you with a more complete knowledge of the HIPAA privacy exceptions for law enforcement purposes of a civil nature as applied to state licensure boards and agencies with jurisdiction over your license to practice your chosen profession.

Webinar Agenda

  • The basics of HIPAA privacy requirements
  • The basics of HIPAA privacy exceptions with patient consent
  • Exceptions to HIPAA privacy for law enforcement purposes for civil matters
  • State authority of licensure boards and agencies to exploit HIPAA exceptions
  • How exceptions to HIPAA privacy are applied by law enforcement agencies, with an emphasis on state licensure boards and agencies
  • State licensure boards and agencies which request Protected Health Information about the patient when you are trouble
  • State licensure boards and agencies which request Protected Health Information on multiple patients when you are in trouble
  • State open records and investigative laws that apply to protect you when the state licensure board or agency has your patients' Protected Health Information.

Webinar Highlights

  • How state licensure agencies investigate
  • How state law fits with the HIPAA privacy exceptions
  • When is a health care practitioner subject to subpoena administratively
  • Where do state open records laws apply to these sought-after records?
  • Civil and criminal matters that may result in investigation and inquiry to secure your records

Who Should Attend

Health care attorneys; corporate compliance officers in health care; medical records staff of medical offices and health care entities; hospital attorneys; health care practitioners who are covered entities; law enforcement officers in health care compliance; state boards and agencies with jurisdiction over state licenses to practice a health care profession
 

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