Subpoena Requests & Audits: Navigating Legal and Compliance Pitfalls
Have you ever received a subpoena requiring you to send medical records or even a request for a provider to give testimony for a hearing or deposition? Responding to subpoena requests can be stressful and confusing, so providers need to understand their rights in order to protect their staff and patients. There are a wide variety of laws that govern whether providers have to respond and what information they can respond with. This session will help you understand those laws, including HIPAA, 42 CFR Part 2, and state privilege laws as well as a process for answering subpoenas when they come in.
First, this webinar will provide an in-depth overview of the most important confidentiality law: HIPAA. Attendees will learn what PHI is and isn’t, what information HIPAA protects, and its many exceptions. Next, the webinar will educate attendees on Part 2 protections for SUD records, Part 2 court orders, and the differences between HIPAA and Part 2 in practice.
The next section of the webinar will focus on all things subpoenas, including (1) the elements of a valid subpoena, (2) things to look for in a subpoena, and (3) best practices for subpoena compliance. Because subpoenas are commonplace in a wide array of healthcare settings, all types of providers need to feel confident in their ability to adequately respond to a subpoena request. If a provider does not know what information they are legally required to hand over, and what information they are bound to keep confidential, more confidential information will be disclosed than is required by law. Unnecessary disclosure of confidential information harms patients privacy rights, so this information is essential for providers to know and use in practice.
Last, this webinar will run through a variety of scenarios in which confidential information was requested, by subpoena or otherwise. The examples will highlight the do's and don'ts of subpoena compliance and expose attendees to real-life situations that mirror the situations they may face day-to-day in practice.
Learning Objectives
Learn how to comply with both federal and state requirements for requests for confidential information
Understand what information providers can provide in a definition depending on the provider and treatment in question
Understand what medical records can be disclosed when requested by a court of law
Understand when a subpoena request can be denied and how to communicate the denial
Learn about the most common HIPAA and Part 2 mistakes to avoid when dealing with requests for confidential information
Areas Covered in the Session
HIPAA
HIPAA – Privacy
HIPAA – When to disclose?
HIPAA – uses and disclosures for which an authorization is not required (45 CFR 164.512)
HIPAA – Psychotherapy Note Exception
Psychotherapy Note vs. Progress Note
Time Out – What is a court order? What is a subpoena?
Subpoenas and Court Orders – What should you be looking for?
HIPAA – disclosures for law enforcement purposes, continued (45 CFR 164.512(f))
42 CFR Part 2
New Part 2 Rules
Uses and Disclosures
Patient Consent
42 CFR Part 2 vs. HIPAA
42 CFR Part 2 – Statutory Authorizations
42 CFR Part 2 Court Orders
42 CFR Part 2 - Examples
Why is Part 2 compliance so important?
When Patients Lack Capacity
Adult patients that lack capacity
Deceased patients
State Law Protections
Provider/Patient Privileges
Provider Privileges Under Ohio Law
Standards of Ethical Practice
Responding to Requests for Information (Subpoenas)
Under HIPAA
Under42 CFR Part 2
Requests for Medical Records
Request for PHI about a BH client on parole
Request for PHI about a crime committed on the provider’s premises
Request for PHI in custody case
Request for PHI regarding suspected abuse or neglect
Request Denials/Corrections
Best Practices
What must your consent contain?
Practice Tip: Redisclosure
Answering Subpoenas: Best Practices
Draft a Confidentiality Policy
Suggested Attendees
Healthcare CEOs, CFOs and COOs
Medical Providers and Office Staff
Patients
Compliance Officers
Directors of Compliance
Billing Staff and Managers
Practice Managers
Compliance Attorneys
Coders and Auditors
C-Suite
Physicians
Practice Managers
In House Counsel
Billing Companies
Clinic Owners
Chief Quality Officers
Senior Internal Auditors
Regulatory/ Risk Officers
Government Employees
General Counsel
Anyone who comes into contact with confidential information and/ or subpoena requests
About the Presenters
Daphne L. Kackloudis, ESQ., heads BMD Columbus’ health care practice. Daphne’s success and that of her clients – is rooted in the nexus between traditional health care legal services and health care public policy. She has broad and deep experience in health care operations, service delivery, payment systems, and compliance, as well as Medicaid, public policy, and government affairs. Daphne advises health care trade associations and health care providers as outside counsel and in-house as a member of her clients’ senior leadership teams.
Jordan Burdick, ESQ., is a healthcare attorney with experience advising clients on matters concerning state scope of practice and prescriptive authority laws, HIPAA compliance, and Medicare and Medicaid reimbursement. She is a healthcare associate in BMD's Columbus office. She works with nonprofit and for-profit healthcare providers, healthcare trade associations, individuals and businesses. Jordan has experience advising clients on regulatory compliance and healthcare program operations at the state and federal level. Jordan also has experience drafting and reviewing Business Associate Agreements and Independent Contractor Agreements.
Additional Information
System Requirement:
Internet Speed: Preferably above 1 MBPS
Headset: Any decent headset and microphone which can be used to hear clearly
For more information, you can reach out to the below contact:
Toll-Free No: 1-302-444-0162
Email: care@skillacquire.com