“I DON’T REALLY READ those federal regulations � that print is just too small” the litigator told me, when I called to explain why his subpoena for medical records did not comply with federal regulations regarding alcohol/drug abuse facilities.
Litigators are now getting up to speed on yet another set of federal regulations � HIPAA’s privacy rule. 1 Many litigators are familiar with HIPAA’s litigation provisions, including those regarding a HIPAA authorization, “satisfactory assurances” with discovery requests, and qualified protective orders. 2But let’s look at how courts have grappled with HIPAA and informal discovery: a lawyer’s ex parte interview with a plaintiff’s health care provider.
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