HIPAA Confidentiality may not Protect the Records of a Woman’s Right to Choose

In the post Roe vs. Wade health care world, heath care practitioners must understand how HIPAA privacy applies to their medical records of abortion, as well as the law enforcement exceptions which may swallow the rule. Join this critical webinar by health care attorney, Mark R. Brengelman as it starts with some basic HIPAA privacy requirements then diverts to a review of the law enforcement exceptions that allow state civil investigative agencies and criminal prosecutors to exploit HIPAA rules for various law enforcement purposes to obtain medical records of abortion.

Mark will also focus on a particular section on the unique aspects of mental health records and how therapists are vulnerable to court orders or search warrants for their records where patients may have discussed unplanned pregnancies and their plans for an abortion in a state where it is lawful.

Webinar Agenda

• The basics of HIPAA privacy requirements;
• Exceptions to HIPAA privacy for law enforcement purposes for civil and criminal matters;
• State authority of licensure boards and agencies to exploit HIPAA exceptions against health care practitioners under investigation regarding abortion;
• How exceptions to HIPAA privacy are applied by law enforcement agencies, with an emphasis on medical records of abortion;
• Examples of the many other kinds of records and electronic data that are not protected by HIPAA that may be obtained by law enforcement;
• How prosecutors may investigate and prosecute women who seek abortion care, people who assist them, and the doctors, nurses, and other health care professionals who counsel or provide medical care regarding a woman’s right to choose;
• State open records and investigative laws that apply to protect you when the state licensure board or agency has your patients’ Protected Health Information and medical records of abortion and how those laws have their own exceptions that swallow the confidentiality rule.

Webinar Highlights

• Law enforcement exceptions to confidentiality
• How abortions will be criminally investigated
• When therapists are liable to turn over their patient’s most intimate thoughts as found in their mental health records
• Records and data where HIPAA does not apply that make potential abortion patients vulnerable
• Tips and techniques to defend unwarranted law enforcement intrusion

Who Should Attend

Health care attorneys; corporate compliance officers in health care; medical records staff of medical offices and health care entities; hospital attorneys; health care practitioners who are covered entities; law enforcement officers in health care compliance; state boards and agencies with jurisdiction over state licenses to practice a health care profession