HIPAA Updates for the Exceptions for Law Enforcement Purposes
This webinar goes over the many law enforcement exceptions where health care practitioners are faced with demands for a law enforcement or public purpose that overrides the strict confidentiality of HIPAA and a patient's expected right to privacy.
Overview:
This webinar answers the basic questions:
- What power does the state have to use a HIPAA exception to confidentiality
- How does one comply with a request
- What records are obtained that apply to a civil or to a criminal investigation
- What pitfalls are there to noncompliance
This webinar goes over the many law enforcement exceptions where health care practitioners are faced with demands for a law enforcement or public purpose that overrides the strict confidentiality of HIPAA and a patient’s expected right to privacy.
Both criminal and civil public purposes for law enforcement exceptions exist that may burden the health care practitioner with requests that must be complied with.
Take a deeper look into how state licensure agencies go about their unique government investigations and obtain protected health information to further their own state-mandated, investigative purposes.
Why should you Attend: While the basic provisions of privacy for protected health information are well known, exceptions abound for the various law enforcement purposes as applied to both the federal and state government and its law enforcement activities.
This can include criminal and civil investigations. Erase the uncertainty and doubt that exists when the health care practitioner is confronted with a police demand for information.
- What can you release?
- To whom? Do you have to notify the patient?
- Should you notify the patient?
- What must you document as a permitted disclosure when the police come calling?
Areas Covered in the Session:
- The basics of HIPAA privacy
- The basics of HIPAA privacy exceptions with patient consent
- Exceptions to HIPAA privacy for law enforcement purposes for civil matters
- Exceptions to HIPAA privacy for law enforcement purposes for criminal matters
- How exceptions to HIPAA privacy are applied by law enforcement agencies, with an emphasis on state licensure boards and agencies
- How you may comply to a request for Protected Health Information when the patient is in trouble and law enforcement is involved
- How you may comply to a request for Protected Health Information when you are in trouble
- Case law from the courts regarding HIPAA privacy exceptions for law enforcement purposes
Who Will Benefit:
- Health Care Attorneys
- Corporate Compliance Officers in health care
- Medical Records Staff of medical offices and health care entities
- Hospital Attorneys
- Health Care Practitioners who are covered entities
- Law Enforcement Officers in health care compliance
- State Boards and Agencies with jurisdiction over state licenses to practice a health care profession
Speaker Profile
Mark Brengelman became interested in the law when he graduated with both Bachelor’s and Master’s degrees in Philosophy from Emory University in Atlanta. He then earned a Juris Doctorate from the University of Kentucky College of Law. In 1995, Mark became an Assistant Attorney General and focused in the area of administrative and professional law. He represented multiple boards as General Counsel and Prosecuting Attorney.
Mark retired from state government in the summer of 2012. Also in 2012, he became certified as a hearing officer. He then opened his own law practice to focus on government services and consulting, continuing education, and the representation of health care practitioners before licensure boards and in other professional regulatory matters.
Expanding his health law experience, he was a registered legislative agent (lobbyist) for the Kentucky Association of Pastoral Counselors for the successful passage of Senate Bill 61 passed by the Kentucky General Assembly and signed by the Governor into law on April 9, 2014.
Mark is a frequent participant in continuing education and has been a presenter for over a dozen national and state organizations including the Kentucky Bar Association, the Kentucky Office of the Attorney General, and the National Attorneys General Training and Research Institute.
He is the founding presenter for "Navigating Ethics and Law for Mental Health Professionals," a continuing education training approved by five Kentucky mental health licensure boards, which was presented at Midway College with a licensed clinical social worker in 2013 and 2014.
Since October 2013, Mark has practiced law with the firm of Hazelrigg & Cox, LLP, as partner - an established law firm tracing its history in Frankfort, Kentucky, over one hundred years.
Mark retired from state government in the summer of 2012. Also in 2012, he became certified as a hearing officer. He then opened his own law practice to focus on government services and consulting, continuing education, and the representation of health care practitioners before licensure boards and in other professional regulatory matters.
Expanding his health law experience, he was a registered legislative agent (lobbyist) for the Kentucky Association of Pastoral Counselors for the successful passage of Senate Bill 61 passed by the Kentucky General Assembly and signed by the Governor into law on April 9, 2014.
Mark is a frequent participant in continuing education and has been a presenter for over a dozen national and state organizations including the Kentucky Bar Association, the Kentucky Office of the Attorney General, and the National Attorneys General Training and Research Institute.
He is the founding presenter for "Navigating Ethics and Law for Mental Health Professionals," a continuing education training approved by five Kentucky mental health licensure boards, which was presented at Midway College with a licensed clinical social worker in 2013 and 2014.
Since October 2013, Mark has practiced law with the firm of Hazelrigg & Cox, LLP, as partner - an established law firm tracing its history in Frankfort, Kentucky, over one hundred years.