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Records Request

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How City & State Government Agencies Can Scale Open Records Request Processes

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In the always-on, hyper-connected digital age, you'd think it would be relatively straightforward to produce records for Freedom of Information Act (FOIA) or open records requests, but it can be incredibly labor intensive,...more

Jackson Lewis P.C.

Patient’s Request for Records Uncovers Dental Practice’s Ransomware Attack, Leading to $350K Settlement

Jackson Lewis P.C. on

The Indiana Attorney General Office (OAG) filed a detailed complaint on December 23, 2024 (Complaint) which arose out of the following patient complaint: The OAG received a consumer complaint stating that the consumer had...more

U.S. Legal Support

How to Choose a Record Retrieval Partner

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Record retrieval is an integral part of any legal case, giving attorneys access to accurate and up-to-date information on which to base their arguments. Preparing records for a case or legal matter requires carefully...more

Williams Mullen

Will 50 Enforcement Actions Be Sufficiently “Loud and Clear” that HIPAA’s Right of Access Must Be Honored?

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Because of pervasive misunderstanding of the Health Insurance Portability and Accountability Act (HIPAA), providers all too frequently create impermissible barriers to patient access to medical records. In many cases, such...more

Franczek P.C.

PAC Issues Decision Holding Attorney-Client Privilege FOIA Exemption is Not Waived Where Disclosure of Records was Required by Law

Franczek P.C. on

The PAC recently issued a non-binding opinion, finding a school district did not waive the attorney-client privilege where prior disclosures of the requested records were mandated by state law....more

U.S. Legal Support

Types of Medical Records for Retrieval

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Retrieving medical records for legal matters can be tricky—unless you know exactly what to request, you could end up with a scattered pile of partial files excerpted according to the convenience and varying default processes...more

Troutman Pepper Locke

Private Businesses Have New Exposure Under the Georgia Open Records Act

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In a landmark decision, the Georgia Supreme Court has expanded the Georgia Open Records Act (the Act) to include private businesses and contractors working with state and local government entities. The ruling in Milliron v....more

Troutman Pepper Locke

Unveiling the Impact: How Georgia's Open Records Act Affects Private Businesses — Regulatory Oversight Podcast

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In this episode of Regulatory Oversight, Stephen Piepgrass is joined by his colleague David Dove to discuss a recent Georgia Supreme Court decision that significantly impacts private companies under Georgia's Open Records...more

Parker Poe Adams & Bernstein LLP

Georgia Supreme Court Broadens Open Records Act to Include Private Contractors

The Georgia Supreme Court on Monday issued a ruling that expands the scope of who is responsible for producing public records under the state’s Open Records Act. The court also allowed for records requests to be sent to...more

Mandelbaum Barrett PC

Governor Murphy Signs OPRA Revamp That May Curtail the Right to Government Records

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On Monday, June 5, New Jersey Governor Phil Murphy signed Senate Bill 2930/Assembly Bill 4045 into law, modifying the process of requesting and obtaining public records, and significantly altering the rights of those who...more

Tucker Arensberg, P.C.

OOR (Office of Open Records) Holds that “Frank Curry” FOIA Buddy Requests Can Be Denied for Being Anonymous

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In Frank Curry and FOIABuddy v. South Western School District, AP 2024-1311, a school district (“District”) received a request for records related to IT operations, contracts, staff, and IT budget from Frank Curry and...more

Troutman Pepper Locke

FOIA Exemption Questions on Redacted HHS Cannabis Letter

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The principle of open government is foundational to a healthy democracy, and the availability of government records upon request from the public is one of its chief cornerstones. Originally published in Law360 - January 5,...more

Seyfarth Shaw LLP

The Spotlight Is On Employee Records Requests!

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Seyfarth Synopsis: Employees have a right to request their employment records, but which records can they request? And how quickly do employers have to produce them? And who should they be produced to? And is there a way for...more

HaystackID

[Webinar] eDiscovery Excellence with M365 Purview: Best Practices for Legal Holds, Collections, and Records Management - February...

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Join M365 eDiscovery and records management experts Jason Covey, Nate Latessa, and Shukra Kichambare as they discuss best practices for managing legal holds and collections in M365 Purview eDiscovery. They’ll also explore how...more

Tucker Arensberg, P.C.

OOR Confirms that Local Agencies Can Provide Responsive Records in PDF Format

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In Forrest v. Erie City, AP 2023-1701 (Sept. 28, 2023), Erie City responded to a request for a list of all rental properties registered and licensed in the City in an Excel spreadsheet by providing a PDF conversion of the...more

Tucker Arensberg, P.C.

Commonwealth Court Establishes New Test to Determine if Social Media Posts Are Subject to a Rtkl Request

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Penncrest School District. v. Cagle, 293 A.3d 783 (Pa. Cmwlth. 2023). The Commonwealth Court of Pennsylvania establishes a three-part test that must be used to determine if an individual’s social media post is a record of an...more

Health Care Compliance Association (HCCA)

OCR: UHC Admitted Worker ‘Error’ Left Records Request Languishing in the Mail, Pays $80,000

Start with a records request. Add a seven months’ wait. Stir in the chaos of the pandemic, with most employees working from home. Blend in a perhaps-neglected post office box. Bake for two-and-a-half years....more

Littler

OFCCP Again Extends Deadline for Submitting Objections to EEO-1 Disclosure, But New Wrinkles Added

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On February 14, 2023, OFCCP announced that it was again extending the deadline for employers to file objections to the disclosure of their EEO-1 data in response to a FOIA request from the Center for Investigative Reporting....more

Marshall Dennehey

County Prosecutors Association of New Jersey Not a Public Entity and Not Subject to the Open Public Records Act

Marshall Dennehey on

The plaintiff, the American Civil Liberties Union of New Jersey (ACLU), served the County Prosecutors Association of New Jersey (CPANJ) with a request to produce documents pursuant to the Open Public Records Act (OPRA). The...more

Pullman & Comley - School Law

So How Much Time Do Public Agencies Have to Respond to Voluminous FOIA Requests?

Often times, when facing voluminous requests for records under Connecticut’s Freedom of Information Act (FOIA), clients will simply ask me: “How long do we have to comply?”  There is no simple answer, but here are some...more

Pullman & Comley - Connecticut Health Law

Factors for Connecticut Health Providers to Consider When Responding to “Required by Law” Requests for Disclosure of Protected...

In June 2022, the HHS Office for Civil Rights issued new HIPAA Privacy Rule Guidance in response to the Supreme Court’s decision in Dobbs v Jackson Women’s Health Organization and state legislation which followed the decision...more

Pullman & Comley - School Law

A Look In Through the Out Door: The FOIA and Employee Exit Interviews

It is a common practice for employers to conduct exit interviews with departing employees.  Without even discussing employment law issues (not to mention issues over the appropriate roles and responsibilities for school...more

BakerHostetler

2022 DSIR Report Deeper Dive: OCR’s Right of Access Initiative

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​​​​​​​In 2019, the U.S. Department of Health & Human Services, Office for Civil Rights (OCR) announced its Right of Access Initiative, promising to prioritize patients’ rights to receive timely copies of their medical...more

Arnall Golden Gregory LLP

Brace Yourself: OCR HIPAA Enforcement for Dental Practices Continue to Focus on Patient Right of Access

Recently, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced three more resolution agreements settling alleged violations of the HIPAA right of access. These agreements bring...more

Hendershot Cowart P.C.

My Practice Received a Letter from an Insurance Company SIU – What Should I Do?

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SIU stands for Special Investigation Unit, and nearly all insurance companies have one, especially health insurers. SIUs exist to investigate complaints of fraud, waste or abuse, and train claims personnel to recognize and...more

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