We understand the importance of maintaining HIPAA regulations and the significant efforts put forth by providers every day to maintain compliance. We in no way expect a provider to simply provide protected Patient/Respondent information without following proper legal procedures. We see at hearings throughout the state many providers (both private and government funded) unintentionally violating HIPAA regulations. We will never expose a provider to HIPAA sanctions and fines.
TITLE 42, Chapter 1, Part 2, Confidentiality of Alcohol and Drug Abuse Patient Records, Subpart E of the Code of Federal Regulations specifically describes the legal procedures to be implemented to legally obtain the necessary HIPAA protected records need to support a Marchman Act petition.
Every Patient/Respondent has the legal right to object to the use of their patient records to support the allegations as set forth in a Marchman Act Petition. Should the objection be sustain it is an utmost certainty the family or providers petition will fail.
The lawyers at ARLS file the necessary pleadings and follow the required legal procedures in every case we handle to ensure the proper disclosure of a provider’s HIPAA protect information. If an objection is made we are ready. We will often serve subpoenas to a provider seeking the information needed to support our client’s petition. We will also serve the necessary pleadings to the provider pursuant to the required HIPAA regulation. This ensures that you as a provider will never be in a situation where you must question your exposure to a HIPAA violation when called to testify if need be. The Patient/Respondent will understand your action in providing assessments, recommendations and other protected information was not on your own volition but required through ARLS and the court.