Intersection of HIPAA Privacy Rule, Discovery Process Creates ‘Hot Spot’

Health care providers asked by a litigation opponent to hand over protected health information should closely watch the “hot spot” created where Health Insurance Portability and Accountability Act Privacy Rule requirements intersect with discovery and procedural rules, attorneys contacted by BNA cautioned.

Providers should make certain that discovery requests are proper, not release more PHI than necessary, and keep a close eye on data security issues, the attorneys said.

Nathan Kottkamp, a partner with McGuireWoods LLP, Richmond, Va., told BNA that health care providers and those advising them should make a checklist for determining when information should be made available. ...