HIPAA Compliance: How to Handle Medical Records in Legal Proceedings
Table Of Contents
What is HIPAA Compliance?
HIPAA is a law that was enacted to protect confidentiality as well as the integrity of the information healthcare providers hold. The primary aim is to keep confidential health information private and to strictly regulate its disclosure, if at all, to authorized personnel only like medical practitioners or legal officers. Two major parts of HIPAA compliance are as follows:
Privacy Rule: prevents the disclosure of Personally Identifiable Information (PII) of patients without proper consent.
Security Rule: ensures that electronic PHI (ePHI) is securely managed to protect it from cyber-attacks.
Why HIPAA Compliance is Crucial in Legal Proceedings
In lawsuits, medical records can be used as evidence to support or refute claims. Therefore, such records should be preserved and protected to ensure HIPAA compliance. Here are some reasons why, as an attorney, you need to pay special attention to HIPAA compliance:
Protection of Sensitive Information
Medical records contain sensitive information regarding the health of an individual. Any careless release of such records can land someone into serious legal and financial issues.
Ensuring Admissibility of Evidence
Records of treatment not protected as per HIPAA rules may not stand in court, and so your opponent wins by default.
Avoiding Penalties
The fine sanctions, criminal charges and claimed damages resulting from issues of non-compliance may scar an attorney’s reputation significantly
Best Practices for Handling Medical Records in Legal Proceedings
To enable easy compliance with HIPAA, Attorneys need to ensure that there are policies in place to facilitate opening, editing, saving, printing, or destroying any electronic medical record in all legal proceedings.
Implementing Secure Document Management Systems
Privilege must be given only to authorized personnel in the system to ensure that all documents within are encrypted and are restricted from access to unauthorized viewers.
Use Encryption for Electronic Communications
Email communication of medical records is best done using encrypted file systems and during sharing of files use secure platforms.
Redact Sensitive Information
In cases where only specific details of the medical reports apply to the case, consider editing out any private detail that doesn’t relate to the case.
Monitor and Audit Access to Records
Set up recording systems that can monitor who accesses medical files, the date, and the specific reasons why they do so. This is useful for ensuring transparency in case discrepancies arise.
Common HIPAA Violations in Legal Proceedings
Complying with HIPAA standards is very important, but some lawyers mishandle HIPAA rules during legal proceedings. Here are some common practices that are considered violations:
Failure to Obtain Proper Authorization
An attorney who retrieves medical files without gaining access from the patient first will, in most likelihood, breach HIPAA guidelines.
Inadequate Security Measures
Not adequately storing medical documents, whether physically or electronically, puts the documents at risk of privacy violations. Legal representatives need to see that all documents are well secured.
Over-sharing of Information
If a medical record is relevant to a legal issue, more information than what is required can lead to further breaches of law.
Improper Disposal of Records
Medical files have stipulations like having to be shredded when discarded. If ignored, users can experience privacy issues regarding patients.
Conclusion
The maintenance of medical Records for legal purposes is intricate in nature because it is bound by HIPAA guidelines. For the integrity of patient information for legal requirements within the set boundaries of legislation, attorneys should follow the procedures, use HIPAA-compliant medical record management, and obtain relevant permission. Failure to do so will not only infringe on the patient’s privacy but may also attract legal liabilities, facilitating a more efficient legal process.
