I. OVERVIEW: PRIVACY AND DISPELLING THE MYTHS

• The Importance of Privacy • HIPAA Preemption- Generally

• Entities Within the “HIPAA Triangle”

• Legitimate Health Information Sharing in the Ordinary Course of Business of Covered Entities

• Minimal Informed Consent Requirements Before Treatment

• The Absence of a New Federal Tort/cause of Action under HIPAA

• Sharing of Individually Identifiable Health Information Pursuant to a Valid Authorization

• Legitimate Law Enforcement Activities

• Discovery of Individually Identifiable Health Information Pursuant to an Order, Subpoena, or Discovery Request

II. DEFINITIONS

• Covered Entities

• Transaction

• Health Care Provider

• Individually Identifiable Health Information

• Business Associates

• Personal Representative

III. SPECIFIC ISSUES AND APPLICATION FOR THE JUDICIAL SYSTEM

• Emergency Circumstances - Permissibility To Disclose Patient Name

• Uses and Disclosures For Which An Authorization Or Opportunity To Agree or Object Is Not Required

A. Uses and disclosures required by law

1. Victim of Abuse or Neglect or Domestic Violence

B. Disclosures for Judicial and Administrative Proceedings

1. Judicial or administrative proceedings

C. Disclosures for Law Enforcement Purposes

1. Disclosure pursuant to process and as otherwise required by law

2. Identifying or locating a suspect, fugitive, material witness, or missing person

3. DNA analysis, dental records, typing, samples and/or other body fluids or tissues

4. Victims of a crime

5. Decedents

6. Crime On A Covered Entity’s Premises

7. Covered Health Care Provider’s Reporting Of A Crime In Emergency Circumstances

D. Uses and disclosures for public health activities

E. Uses and disclosures for health oversight activities

F. Uses and Disclosures About Decedents

G. Uses and Disclosures For Anatomical Gift Purposes

H. Uses and Disclosures for Research Purposes

I. Uses and Disclosures to Avert a Serious Threat to Health Or Safety: Tarasoff Revisited

J. Uses and Disclosures for Specialized Military Functions: The United States Patriot Act and National Security Interests Addressed K. Disclosures For Worker’s Compensation Programs

IV. THE INTERPLAY BETWEEN HIPAA AND CERTAIN PRIVACY PROVISIONS OF WEST VIRGINIA LAW

• Disclosure, Consent, Authorizations and Records Afforded Heightened Confidentiality Protectio

A. Mental Health and Substance Abuse Records

1. Mental Health Records- Access by Third Parties

2. Mental Health Records- Access by the Patient

3. Alcohol and Drug Abuse Treatment Records

B. Treatment Records of Minors

C. HIV-Testing and Sexually Transmitted Disease Records

V. DISCOVERY SUGGESTIONS, SCHEDULING ORDERS, AND CASE MANAGEMENT ORDERS

VI. CONCLUSION

3.4 WVMCLE credits, including 1.0 law office management credits

Compact Disc Seminar Sale with Written Handout