HIPPA Allows Discovery of a Nonparty’s Medical Records
posted on July 23rd, 2008 in HIPPA by clintHIPPA allows for the disclosure of non-party medical information “in the course of any judicial or administrative proceeding … in response to an order of the court.” 45 C.F.R. § 164.512(e)(1)(i). HIPAA regulations are procedural in nature and do not create a federal physician-patient privilege. HIPAA regulations permit discovery of protected health information so long as a court order prohibits disclosure of the information outside the litigation and requires the return of the information once the proceedings are concluded.” Thus, a court has authority under HIPPA to compel production of a nonparty’s medical records. When a court orders production of a party’s medical records, 45 C.F.R. § 164.512(e)(1)(v) of HIPAA requires the court to place the following proviso in its order compelling production: The parties are prohibited from using or disclosing the protected health information for any purpose other than the litigation and proceeding for which such information was requested and requires the return … or destruction of the protected health information (including all copies made) at the end of the litigation or proceeding. In summary, a Court may compel production of a nonparty’s medical records as long as the proviso is included within the order.