News & Analysis as of

Subpoenas Physicians

Womble Bond Dickinson

[Webinar] First Annual Health Care Fraud Symposium - March 14th, 12:00 pm - 1:30 pm ET

Womble Bond Dickinson on

Health Care fraud is a growing national issue. The National Heath Care Anti-Fraud Association estimates that health care fraud costs the nation about $68 billion annually — about 3 percent of the nation's $2.26 trillion in...more

Health Care Compliance Association (HCCA)

[Virtual Event] 2020 Seattle Regional Conference - June 5th, 8:30 am - 4:15 pm PDT

Our Virtual Regional Healthcare Compliance Conferences provide updates on the latest news in regulatory requirement, compliance enforcement, and strategies to develop effective compliance programs. Watch, listen, and ask...more

Ward and Smith, P.A.

HIPAA: Responding to Law Enforcement and Administrative Requests and Demands Part I

Ward and Smith, P.A. on

The Health Insurance Portability and Accountability Act ("HIPAA") Privacy Rule attempts to strike a balance between the protection of a patient's privacy and the performance of important law enforcement functions. This...more

Haight Brown & Bonesteel LLP

Medical Board Investigations Transcend the Psychotherapist-Patient Privilege

In Cross v. Superior Court of Los Angeles County, No. B277600, the Court of Appeal, Second Appellate District, Division Five recently held that (1) the psychotherapist-patient privilege does not protect the subpoenaed records...more

Burr & Forman

Physicians Must Be Cautious When Responding To A Subpoena or Request for Medical Records

Burr & Forman on

Doctors must educate themselves and particularly their staff on the legal obligations to protect the confidentiality of medical records and how to properly respond to subpoenas and requests for patients’ health information....more

Foley & Lardner LLP

Telemedicine Prescribers Should Read This Case: U.S. vs. Zadeh

Foley & Lardner LLP on

Health care providers who use telemedicine for remote prescribing of controlled substances should pay close attention to an important case currently pending at the Fifth Circuit Court of Appeals. The case will decide whether...more

BakerHostetler

When a Custodian of Records Has a Fifth Amendment Privilege

BakerHostetler on

In a recent decision, the U.S. Court of Appeals for the Third Circuit held that a physician acting as custodian of records may not withhold records subpoenaed from his professional association on Fifth Amendment...more

Brooks Pierce

Physician Practices Be Alert: You Might Be Violating HIPAA If You Produce Medical Records In Response To State Court Subpoenas

Brooks Pierce on

Over the past months, my experiences with physician practices have made me realize that many practices do not understand how HIPAA applies to subpoenas for medical records. More worrisome, I suspect that many practices...more

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