HIPAA FAQs about Lawyers as Business Associates under HIPAA

Want to know exactly what the rules are concerning your lawyer or attorney regarding being a business associate?

The OCR has the answers.

1 New – May a covered entity that is a party in a legal proceeding use or disclose PHI for the litigation?
2 New – Must lawyer-business associates require others to agree to the privacy conditions that apply to the lawyers?
3 New – May a covered entity use or disclose protected health information for litigation?
4 New – When must a covered entity account for disclosures of PHI made during the course of litigation?
5 New – May PHI be disclosed in response to a subpoena or discovery request absent a court order?
6 New – For legal proceeding disclosures, can notice be given to the individual’s lawyer?
7 New – May a covered entity disclose protected health information in response to a court order?
8 New – What “satisfactory assurances” are required before responding to a subpoena without a court order?
9 New – For legal proceeding disclosures, when is a copy of the subpoena sufficient satisfactory assurance of notice?

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