Complying with The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
As a treatment provider, you work under the guidelines of the Health Insurance Portability and Accountability Act – HIPAA. The Florida Marchman Act Attorneys here at ARLS fully understand the importance of maintaining HIPAA regulations, and we recognize the significant efforts put forth by providers every day to maintain compliance. We in no way expect a provider to simply provide protected Patient/Respondent information without following proper procedures under the law.
As attorneys, we often see hearings throughout the state where providers (both private and government-funded) unintentionally violate HIPAA regulations. We will never expose a provider to HIPAA sanctions and fines.
TITLE 42, Chapter 1, Part 2, Confidentiality of Alcohol and Drug Abuse Patient Records, Subpart E of the Code of Federal Regulations specifically describes the legal procedures to be implemented to legally obtain the necessary HIPAA protected records need to support a Marchman Act petition for treatment.
Note that every Patient/Respondent has the legal right to object to the use of their patient records to support the allegations as set forth in a Marchman Act Petition. Should the objection be sustained, it is an utmost certainty that the family’s or provider’s petition will fail.
The lawyers at ARLS file the necessary pleadings and follow the required legal procedures in every case we handle, to ensure the proper disclosure of a provider’s HIPAA protected information. If no release is signed and an objection is made, we are ready. We will often serve subpoenas to a provider seeking the information needed to support our client’s petition (family member).
We will also serve the necessary pleadings to the provider pursuant to the required HIPAA regulation. This ensures that you as a provider will never be in a situation where you must question your exposure to a HIPAA violation when called to testify if need be. Rest assured that the Patient/Respondent will understand that your action in providing assessments, recommendations and other protected information was not on your own volition but required through ARLS and the court.
If you have any questions about how our Marchman Act Lawyers handle HIPAA regulations and processes, please contact us for clarification.