Health Information Technology & Privacy

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 required adoption of regulatory standards for the retention, use and transmission of health information in electronic form, as well as standards for the privacy and security of that health information.   PPSV attorneys were heavily involved in development of these statutory provisions, particularly those pertaining to informing individuals of their rights and how those rights are exercised and preserved by healthcare providers and others.  

PPSV attorneys also had considerable involvement in the development and adoption of the original and amended Health Information Privacy Rules, issued in December of 2000 and August of 2002.  They devised the first checklist for providers to verify compliance with the new HIPAA Privacy Rule and participated in the first state or federal litigation testing the Constitutional, statutory and procedural validity of the standards contained in the Rule.  Drawing on this experience, PPSV attorneys have provided legal counsel and representation to numerous providers and professional associations in connection with issues arising under the HIPAA statute and regulations, have filed numerous amicus curiae (friend of the court) briefs addressing health information privacy legal issues, and have been called upon to testify before Congress and in court in an “expert witness” capacity on the relationship of information technology to patients’ health information privacy rights, as well as regarding ethical obligations and legal duties of providers in protecting the privacy of health information. 

Our attorneys use their intimate knowledge of the law surrounding health information technology and privacy to counsel clients on health IT, security, and compliance issues.  We have worked closely with numerous healthcare systems and providers to structure and implement compliance programs for both the HIPAA Privacy and Security Rules. We assist with drafting necessary documents, including Notices of Privacy Practices and Authorizations for Release of Protected Health Information, that are tailored to clients’ unique needs. We have also developed model practice guidelines for healthcare associations to provide to their members.  In addition, we provide guidance on strategies to incorporate Privacy Rule compliance requirements, including “minimum necessary” standards, into regular business practice. 

Should an organization be faced with allegations of non-compliance with applicable HIPAA standards, PPSV attorneys are well-positioned and exceptionally well-qualified to provide representation in HIPAA enforcement actions at both the administrative and judicial levels.  PPSV litigators with a wealth of experience handling healthcare matters before administrative bodies and litigating privacy and security-related issues in the federal courts are available to assist clients in every aspect of defending claims of HIPAA violation, from the investigative stage through administrative litigation and, if necessary, in the federal courts.