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OCR Enforcement of Right to Access Extends to Dental Practices

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) continues its enforcement activities to emphasize compliance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule’s...more

WV Supreme Court of Appeals Decides Hospital Records Case Clarifying "Typicality" Requirement for Class Certification

The Supreme Court of Appeals of West Virginia recently decided a class certification matter that suggests trial courts must undertake a closer examination of the requirements for certifying class actions in West Virginia...more

HIPAA Right to Access Failures – Continued Penalties for Providers

Under the HIPAA Privacy Rule, individuals have a right to timely access their medical records at a reasonable cost. With some exceptions, a health care provider must provide those records without reasonable delay and within...more

Providers Beware: Take Care When Producing Mental Health Records in Response to Nonparty Subpoenas

A recent decision by the Supreme Court of Appeals of West Virginia draws a sharp line of distinction for hospitals responding to nonparty subpoenas against the unauthorized disclosure of confidential mental health records. In...more

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