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)