Category Archives: HIPAA – Health Information Privacy

Understanding HIPAA and Its Interaction with State and Federal Confidentiality Laws

HIPAA privacy compliance, state health information confidentiality laws, Wisconsin medical record privacy, mental health record protections, and 42 CFR Part 2 substance use disorder records Wisconsin Health Lawyer John Fisher HIPAA Privacy Compliance as the Baseline Framework Executive summary: HIPAA … Continue reading

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Wisconsin Duty to Warn and Wisconsin Mental Health Confidentiality

Wisconsin Duty to Warn: When Safety Concerns Collide with Confidentiality Rules Mental health professionals, law enforcement agencies, counties, and other public entities often face a hard practical question: what can be shared when a patient makes a credible threat against … Continue reading

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Confidentiality of Substance Use Disorder Patient Records

By Fisher, JD, CHC, CCEP 2018 SAMHSA Final Rule: Clarifying Part 2 Confidentiality Requirements On January 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) published final regulations updating 42 CFR Part 2, the federal confidentiality rules governing … Continue reading

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Health Law Firm Opens Green Bay Office

By Fisher, JD, CHC, CCEP <   Health Care Attorney John Fisher Announces Virtual Legal Services for Green Bay, Menominee, Appleton, Oshkosh, and the Greater Fox Valley Attorney John Fisher, a health care lawyer with more than 30 years of … Continue reading

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Written Agreement Requirement for Disclosure of Part 2 Records

By Fisher, JD, CHC, CCEP Client Alert for Health Care Providers: Disclosure of Part 2 Records for Payment or Health Care Operations Executive Summary. Recent amendments to 42 C.F.R. Part 2 continue the federal government’s effort to align substance use … Continue reading

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Notice of Restriction on Re-Disclosure SAMHSA Records

By Fisher, JD, CHC, CCEP   SAMHSA Revises Part 2 Re-Disclosure Notice Requirements Key Takeaway. Recent updates to 42 CFR Part 2 affect the notice that must accompany disclosures of substance use disorder treatment records. The most practical change is … Continue reading

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Mental Health Center Settlement for Failure to Provide Patient Record Copies

By Fisher, JD, CHC, CCEP OCR Enforcement Action Underscores HIPAA Risk for Failing to Provide Patient Access to Records Client Alert The U.S. Department of Health and Human Services’ Office for Civil Rights continues to treat patient access to medical … Continue reading

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Applying Section 1557 Discrimination Rules to Employer Sponsored Health Plans

By Fisher, JD, CHC, CCEP Section 1557 Final Rule: Implications for Covered Entities and Employer-Sponsored Health Plans April 2024 Executive Summary The U.S. Department of Health and Human Services (“HHS”) finalized regulations implementing Section 1557 of the Affordable Care Act … Continue reading

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Patient Access to Medical Records Created by Another Provider

By Fisher, JD, CHC, CCEP    Private Practice Provides Access to All Records, Regardless of Source Patient access to medical records is one of the core rights protected by the HIPAA Privacy Rule. When a health care provider maintains protected … Continue reading

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Examples SAMHSA Payment and Health Care Operations

By Fisher, JD, CHC, CCEP Background In regulations released in January 2018, SAMHSA identified 17 specific types of payment and health care operations that could support further disclosures by a lawful holder of patient-identifying information. Clarification SAMHSA did not include … Continue reading

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