Litigation and Other Special Considerations in Releasing Medical Records
This section is not intended to include a comprehensive or detailed review of the Health Insurance Portability and Accountability Act of 1996 (H.I.P.A.A.), and regulations issued thereunder. H.I.P.A.A., however, has had a definite impact upon a number of the procedures and issues that are discussed below. When “protected health information” is involved, the standards and requirements of the H.I.P.A.A. regulations preempt any contrary provisions of State law, with certain exceptions. See 45 CFR 160.203. The pertinent exceptions to the general rule that H.I.P.A.A. preempts State law with regard to the disclosure of protected health information are as follows:
Introduction: The Effect of H.I.P.A.A. Access To Medical Records In, And Prior To, Legal Proceedings Compliance With Requests For Medical Records: Illinois Statutory Provisions And Practical Considerations Responding To A Subpoena Responding To Discovery Requests Criminal Court Issues
Paul R. Lynch
Craig & Craig, LLC
Member of the firm of Craig & Craig, LLC
Practices civil litigation on the defense side, including medical and legal malpractice, products liability, employment termination, nursing home and dram shop claims
Member of the board of directors of the Illinois Association of Defense Trial Counsel
Co-writer of “Jurisdiction of Courts Other Than District Courts,” Federal Civil Practice in Illinois, chapter 2, Illinois Institute for Continuing Legal Education, 2010
J.D. degree, University of Illinois; B.A. degree, magna cum laude, Loyola University Chicago
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