Gone Too Far: Federal Regulation of Health Care Attorneys
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Date
2013-05-21
Authors
Tovino, Stacey A.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
Outside health care counsel frequently obtain medical records, billing records, health insurance claims records, and other records containing individually identifiable health information in the course of representing health industry clients in medical malpractice, licensure, certification, accreditation, fraud and abuse, peer review, and other civil, criminal, and administrative health law matters. This Article is the first to argue that state rules of professional conduct, not federal health information confidentiality regulations, should govern outside health care counsel’s use and disclosure of confidential client information, and that outside counsel should be excepted from direct federal regulation under the HIPAA Privacy Rule.
Description
56 pages
Keywords
Health care reform, Privacy
Citation
91 Or. L. Rev. 813 (2013)