How HIPPA Relates to the Production of Medical Records of a Nonparty

posted on January 29th, 2008 in HIPPA by clint
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Recognizing the importance of the privacy of medical records, Congress enacted HIPAA in 1996. The federal regulation covering the disclosure of protected patient medical records is 45 C.F.R. § 164.512. This regulation 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). (Emphasis added). HIPAA does not create substantive rights that bar discovery. Instead, HIPAA regulations are purely procedural in nature and do not create a federal physician-patient privilege. Northwestern Memorial Hospital v. Ashcroft, 362 F.3d 923, 925-926 (7th Cir.2004); Allen v. Woodford, 2007 WL 309485 (E.D.Cal.2007). In other words, HIPAA’s regulations clearly allow a medical provider to disclose patient medical records when ordered in judicial proceedings. National Abortion Federation v. Ashcroft, 2004 WL 292079 (N.D.Ill.2004). 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.” Helping Hand, LLC v. Baltimore County, 295 F.Supp.2d 585 (D.Md.2003); Law v. Zuckerman, 307 F.Supp.2d 705 (D.Md.2004). 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 has the authority under HIPPA to compel production of the plaintiff’s medical records as long as the aforementioned federal proviso is included within the order. 45 C.F.R. § 164.512(e)(1)(v).

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