HIPAA and the Administrative Subpoena


Webinar Details

Speaker

Mark R Brengelman

Industry

Healthcare

Speciality

HIPAA and Compliance

Calendar

May 31, 2022 , 01 : 00 PM EST |  8 Days Left

Duration

60 Minutes

Registration Options

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Description

HIPAA and the administrative subpoena – how HIPAA does or does not protect you when the government comes calling for your patient records and you are in trouble.

The basic provisions of privacy and security for protected health information are well known. They serve to protect the health information of the patient from prying eyes. Yet many exceptions exist that allow state licensure boards and other government agencies to exploit federal HIPAA exceptions to gain access to your patient's protected health information in the course of an investigation by a state or federal agency.

Why would this happen? Because you are in trouble, and your very license to practice your chosen profession is under investigation and is on the line. 

Examine the law enforcement purposes of a civil nature as applied to both the federal and state government and its law enforcement activities where civil investigations are underway that can result in both criminal and civil consequences.

Erase the uncertainty and doubt that exists when the health care practitioner is confronted with a state agency's demand for information because you are in trouble and under investigation. 

Continue an in-depth focus and find out in this informative webinar that arms you with more complete knowledge of the HIPAA privacy exceptions for law enforcement purposes of a civil nature as applied to state licensure boards and agencies with jurisdiction over your license to practice your chosen profession

Areas Covered

  • The basics of HIPAA privacy requirements
  • The basics of HIPAA privacy exceptions with patient consent
  • Exceptions to HIPAA privacy for law enforcement purposes for civil matters
  • State authority of licensure boards and agencies to exploit HIPAA exceptions
  • How exceptions to HIPAA privacy are applied by law enforcement agencies, with an emphasis on state licensure boards and agencies
  • State licensure boards and agencies that request Protected Health Information about the patient when you are in trouble
  • State licensure boards and agencies that request Protected Health Information on multiple patients when you are in trouble
  • State open records and investigative laws apply to protect you when the state licensure board or agency has your patients’ Protected Health Information.

Background

This webinar starts with some basic HIPAA requirements and then diverts to a review of state licensure laws that allow state investigative agencies to exploit HIPAA exceptions for various law enforcement purposes. Attendees should have a basic understanding of HIPAA and how state agencies investigate alleged violations of law.

Why Should You Attend

This webinar reviews the core privacy requirements of HIPAA and then covers in detail the ways state licensure boards and agencies use the authority of state law to cover HIPAA exceptions and gain access to your patient records. This webinar shows how state agencies use state law in concert with HIPAA exceptions to conduct government-led investigations.

These exceptions can also be used by federal agencies in the same way.

What authority exists in state law to do so? How does that mesh with the federal law requirements and privacy mandates of HIPAA? What do you do when the government comes calling for protected health information on your patient? Or on all your patients? And because you are in trouble? What do you do when you are under investigation.

Gain a firm understanding of how state law authorizes state licensure boards and agencies to use HIPAA exceptions to gain access to your patient's protected health information when you are under investigation.  Know the state authority under its police powers to protect the health, welfare, morals, and safety of the public in various health care contexts.

Who Should Attend

Health care attorneys; corporate compliance officers in health care; medical records staff of medical offices and health care entities; hospital attorneys; health care practitioners who are covered entities; law enforcement officers in health care compliance; state boards and agencies with jurisdiction over state licenses to practice a health care profession.

Mark R Brengelman
Mark R Brengelman

(Attorney at Law, PLLC)

Mark R. Brengelman became interested in law when he graduated with both Bachelor’s and Master’s degrees in Philosophy from Emory University in Atlanta.  He earned a Juris Doctorate from the University of Kentucky College of Law.  Mark became an Assistant Attorney General in Kentucky in the area of administrative and professional law as the assigned counsel and prosecuting attorney to numerous health professions licensure boards. 

He retired from the state government, became certified as a hearing officer, and opened his own law practice, including work as a legislative agent (lobbyist).

As a frequent participant in continuing education, Mark has been a presenter for over fifty national and state organizations and private companies as the:

  • Kentucky Bar Association
  • Kentucky Office of the Attorney General
  • National Attorneys General Training and Research Institute, and
  • Federation of Associations of Regulatory Boards (FARB).

This also includes FARB’s member clients as the:

  • Association of State and Provincial Psychology Boards
  • Federation of State Boards of Physical Therapy
  • National Council of State Boards of Nursing
  • National Association of State Emergency Medical Services Officials
  • National Association of State Contractors Licensing Agencies, and;
  • American Association of Veterinary State Boards.

Mark was the founding presenter for “Navigating Ethics and Law for Mental Health Professionals,” approved by five Kentucky licensure boards.  He also founded “The Kentucky Code of Ethical Conduct:  Ethical Practice; Risk Management, and; the Code of Ethical Conduct” as an approved, state-mandated continuing education for social workers offered as a video-on-demand.

Mark has now worked for all three branches of state government has worked since June 2018 as the Enforcement Counsel for the Kentucky Legislative Ethics Commission, an independent regulatory body that oversees 138 elected state legislators and nearly 800 registered lobbyists.  Continuing as an ethics attorney, Mark is also the contract counsel for the Ethics Commission of the Louisville Metro Government, a city and county merged government, the largest city in Kentucky, and the 45th largest metropolitan statistical area in the United States.

Mark focuses on representing health care practitioners before licensure boards and in other professional regulatory matters and representing children as Guardian ad Litem and parents as Court Appointed Counsel in confidential child dependency, neglect, and abuse proceedings and termination of parental rights and adoption proceedings in family court.