Practical Guidance and Forms for Litigators Requesting Medical Records Under HIPAA

Recently I came across information on the website of the Louisville Bar Association (LBA) that I found very practical and useful for attorneys having to deal with the change in the process for requesting medical records from health care providers required to comply with the Privacy Rule under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

The LBA created a very nice document titled "Recommended Procedures for Obtaining Medical Records in Kentucky Pursuant to HIPAA" which walks through some of the major issues, including the use of authorization forms, requests via subpoena, notice to take treating physician's depositions and qualified protective orders. Included in the materials are various "model documents and letters" that can be adapted for attorneys practices. There is a "quick links" section of the website to view and download each of the model documents. The LBA took a neutral positions and created model documents for plaintiff and defense attorneys to assist attorney and health care providers to comply with HIPAA and avoid disrupting the process and need for disclosure of patient information.

Although the forms will need to be adjusted and reviewed by attorneys wishing to use them in states other than Kentucky -- overall the model documents can be very useful to attorneys having to request patient information on a regular basis.