We know the complex legal and regulatory schemes relating to patient privacy rights, medical records and consent to treatment. We are sensitive to the special needs of providers and their patients, and we are available around the clock to assist in urgent situations.
With respect to patient confidentiality, we counsel clients on federal and state HIPAA and other requirements, including confidentiality of drug/alcohol treatment information and related issues. Our privacy capabilities include responding to subpoenas and legal processes attempting to obtain confidential information from healthcare and non-healthcare entities. We assist hospitals in obtaining appropriate court orders for patient treatment in the context of both necessary medical or surgical procedures and the treatment of psychiatric patients. We advise non-healthcare clients who may have access to medical information regarding business associate and similar arrangements required by HIPAA.
We assist clients in developing policies and procedures that provide daily guidance to medical records staff, nurses, physicians and other caregivers. In the context of treatments that may be controversial, experimental or new, we advise clients regarding policies and procedures in such areas as HIV test results and AIDS/ARC diagnosis, substance abuse treatment and new reproductive technologies as well as experimental and investigational devices, procedures and drugs.
Recent experience include:
- Represented hospital dealing with termination of life support issue through California State Supreme Court decision
- Advised non-hospital client regarding issues of participation in research study involving access to employee medical information
- Handled numerous petitions regarding hospital/physician rights to perform necessary procedures in situations where patient consent could not be obtained
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