CIPP/US: Certified Information Privacy Professional/United StatesDemo

Question

Which of the following is HealthCo’s most appropriate response to the attorney’s discovery request?

A Reject the request because the HIPAA privacy rule only permits disclosure for payment, treatment or healthcare operations
B Respond with a request for satisfactory assurances such as a qualified protective order
C Turn over all of the compromised patient records to the plaintiff’s attorney
D Respond with a redacted document only relative to the plaintiff

Explanation

HIPAA permits disclosures of PHI in connection with judicial proceedings subject to required protections. For a discovery request, satisfactory assurances may include documentation that the requesting party has sought a qualified protective order, which limits use of the PHI to the litigation and requires its return or destruction when the proceeding ends. This protects the affected patients’ PHI while allowing an appropriate litigation disclosure.

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CIPP/US: Certified Information Privacy Professional/United StatesDemo

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