Understanding the HIPPA Compliance Guide: Frequently Asked Questions

The Health Insurance and Accountability Act (HIPPA) was enacted in 1996 to do four things: protect the health insurance of workers in the event of job transition, establish federal standards for computerized healthcare transactions, establish federal identifiers for healthcare parties and health insurance plans, and improve the security of patient medical data. For attorneys, this fourth aspect of the act - the security medical data - can bring unique compliance issues to the discovery process. In order to retrieve medical documents, attorneys must comply with the guide for HIPPA rules. Otherwise, they risk not receiving a document on time, or worse yet, criminal penalties.

Frequently Asked Questions About HIPPA Compliance

Navigating the HIPPA compliance guide can be tedious and time consuming. As a result, many attorneys hire a legal service that performs HIPPA compliant record retrieval. When they consult with the service, new attorneys often ask the following important questions:

Is it possible to release medical records without a subpoena?

Yes. A medical record can be released under the following circumstances, among others: when a judge signs a court order authorizing information that has been disclosed; when a qualified protective order states the records will only be used for litigation; and when a valid authorization is issued.

Do HIPPA rules supersede laws that grant access to government records?

If an agency is not covered by HIPPA rules, the rules do not supersede laws that grant access to the agency's records. If the agency is covered, HIPPA rules supersede laws that would otherwise grant access to its records.

Do HIPPA rules protect the medical records of deceased persons?

Yes. HIPPA rules protect the medical records of deceased persons for an unlimited period of time.

Is it possible to receive a person's entire medical history in one request?

Yes. A person's complete medical record can be retrieved in a single request. The key is to use the correct designation when requesting the record. Currently, "complete medical record" is the most frequently used designation.

What are the penalties for obtaining records in violation of HIPPA rules?

The penalties for obtaining records in violation of HIPPA rules can be stiff. When a record is merely obtained in violation of the rules, the penalties could be $50,000 in fines and up to a year in jail. When a record is illegally obtained, and then used for financial gain or to harm someone, the penalties increase sharply.

How long are medical records available for retrieval?

It depends on the laws of a particular state. In most cases, the minimum amount of time that adult records are kept is six years. Children's records are kept for at least a decade after they turn eighteen or twenty-one.

Conclusion

Legal servicesthat perform HIPPA compliant record retrieval are especially helpful for defense attorneys, medical malpractice attorneys, personal injury attorneys and general counsels at companies that experience workers comp claims. In each case, the retrieval of HIPPA records by a legal service ensures that records are obtained according to the HIPPA compliance guide and delivered in a timely manner.

In my research on the HIPPA Compliance guide, I studied the value of legal services that offer HIPPA compliant record retrieval.