Virginia Medical Records Law: Issues of Privacy and Compliance in the Release of Patient Medical Records and Protected Health Information

Whether representing an individual, a healthcare professional or a healthcare company, advising parties on how best to obtain, protect and disseminate electronic and non-electronic records containing confidential protected health information ("PHI") requires an in-depth understanding of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), related Virginia statutes and other subject matter-specific federal and state statutes. And, because the penalties for the improper dissemination of PHI or the failure to properly protect access to such PHI can be serious and can result in significant monetary and non-monetary penalties, the failure to fully appreciate these challenges and properly advise clients in this area can have devastating consequences. John Ivins, a partner with the law firm of Hirschler Fleischer who has practiced in this area for more than 20 years, will explore the complexities of handling medical records and other information containing confidential PHI, identifying the many federal andsState statutes that must be considered, the various privacy considerations and how best to address those in day-to-day practice as well as in the courts.

Learning Objectives:

1. Provide an overview of HIPAA and an identification of the many state and federal laws implicated in obtaining, protecting and disseminating medical records and other information containing PHI
2. Develop an understanding of who owns the records, who is entitled to access the records, and under what circumstances
3. Explore the various requirements for protecting PHI and certain of the penalties for failing to do so
4. Appreciate the complexities for addressing certain special circumstances applicable to particular types of records/information and the statutes and legal principles that may apply
5. Obtain and respond to requests for medical records and other information containing PHI through the subpoena process or otherwise