The primary purpose of HIPPA is to outline circumstances in which an individual's protected health information may be used or disclosed by covered entities.
Covered Entities Under HIPPA
- Health care clearinghouses
- Any plan that pays for medical expenses
- Health care providers who transmit health information in connection with certain transactions
Information Protected Under HIPPA
- Past, present, or future physical or mental health condition
- Specific health care treatment provided to an individual
- The past, present, or future payment of health care treatment
How to Obtain Medical Records
- Subpoena or Authorization
- Records can only be subpoenaed once litigation has begun
- If using a subpoena, you must provide notice to the individual whose records you are requesting
- Authorization must be HIPPA compliant in order to obtain an individual's medical records
Information That Makes an Authorization HIPAA Compliant
- Specific information concerning the information to be released
- The person(s) to whom the information is to be released
- Expiration date of the authorization
- Right to revoke (in writing)
OCR Privacy Rule, United States Department of Health & Human Services (May, 2003)
Heather Brochu is an attorney in the law firm of Clark, Long, Werner & Flynn, P.C., where she practices in the area of civil defense litigation. Prior to becoming an attorney, Ms. Brochu worked as a paralegal. Ms. Brochu earned her B.A. degree in paralegal studies from Notre Dame College in Manchester, NH. She became an attorney through a four year clerkship in Burlington and is admitted to the Vermont Bar. She spoke at IPE's "Medical Record Evaluation for Paralegals" seminar 4-10-2007 in Burlington , VT.