If an injured person hires an attorney for an injury case, the injured person's medical records are likely to come into play during the lawsuit. Attorneys who handle any electronic personal health information of a client qualify as a business partner under HIPAA and must therefore take steps to protect this information. Yes, HIPAA applies to a personal injury claim. However, HIPAA allows the release of medical information pursuant to a court order.
HIPAA laws prevent the disclosure of medical information that is not relevant to the claim. It also works to ensure that lawyers handle medical records appropriately during the case. This feature clarifies the associated duties and responsibilities of personal injury (IP) lawyers under HIPAA and other similar regulations. For personal injury law firms to be HIPAA compliant, it is important that all members of management and the workforce receive routine training on health law.
For many others, including personal injury lawyers, HIPAA represents an important but often overlooked liability. However, your personal injury lawyer can help you protect your privacy and prevent unnecessary disclosure of irrelevant information. When you file a personal injury case, you should be prepared to have some of your personal information part of the record. When you are involved in a personal injury case, you may wonder about your medical records and your privacy.
It's important to understand how HIPAA affects your injury claim, what to expect from your medical records during the claims process, and how your personal injury lawyer should proceed to protect your privacy. For example, personal injury lawyers have to maintain a HIPAA compliant system even when they store or send health data to a business partner rather than a covered entity. Healthcare providers and their offices are generally quite familiar with these types of authorizations and are easily obtained from a patient plaintiff's personal injury lawyer. If you are involved in a personal injury case, you must be prepared for the release of certain medical information.
Another important aspect of HIPAA in relation to a personal injury claim is the duty of your attorney to keep your medical information protected. Medical record recovery companies entrusted with the task of recovering patients' medical records for personal injury, workers' compensation, medical malpractice, and insurance lawyers must take great care in maintaining the confidentiality and security of these confidential records. A perfect example of the scope of the business partner is seen in the personal injury or accident lawyer. When business partners, such as personal injury law firms, handle electronic medical records and similar confidential medical files, they are only responsible for using the data in the manner described in the business partner agreement (BAA) with the organization; they must protect the data and otherwise help the organization covered entity complies with its Privacy Policy obligations.
If you are injured in a personal injury case, the interaction of HIPAA and your injury claim matters. Attorneys who handle this type of information are in a wide range of areas, including elderly care law, medical malpractice, and personal injury.
