Publications

Section Newsletter Articles on HIPAA

The HIPAA HITECH headache By Elliott C. Bankendorf and Melaina D. Jobs Intellectual Property, March 2013 On January 25, 2013, the Department of Health and Human Services issued a Final Rule modifying the HIPAA.
The HIPAA hurdle trips up attorneys By Elliott C. Bankendorf and Melaina D. Jobs Corporate Law Departments, June 2010 Newly signed federal legislation requires that more entities than ever before deal with HIPAA issues during litigation.
HHS Launches New Web site on HIPAA Privacy Compliance and Enforcement Agricultural Law, July 2007 Many of our members engage in estate planning as part of their representation of agricultural businesses and producers.
The higher HIPAA hurdle By Elliott C. Bankendorf and Sherry L. Rollo Intellectual Property, March 2007 In April 2001, the Standards for Privacy of Individually Identifiable Health Information (the “Privacy Rule”) issued under the Health Insurance Portability and Accountability Act (HIPAA) became effective.
Hopping the HIPAA hurdle: Proving trademark use in the healthcare industry By Elliott C. Bankendorf and Sherry L. Rollo Intellectual Property, December 2005 How will an attorney, representing an entity covered by HIPAA, prove use of its trademark without violating the privacy standards in HIPAA? Trademark professionals must now address how HIPAA regulations have affected trademark litigation, methods for overcoming the effect of HIPAA, methods of redaction needed to comply with HIPAA, and methods to avoid the obstacles of HIPAA.
The effect of HIPAA on discovery in divorce cases By Belle Lind Gordon Family Law, July 2005 The federal Health Insurance Portability and Accountability Act (“HIPAA”) was enacted in 1996. The purpose of the Act was, in part, to protect individuals against the improper disclosure of their health care information by physicians, hospitals, ambulance services, fire department protection districts, and others.
Illinois & HIPAA: Preemption, identification of personal representatives, and activated status of health care powers By Sowmya Bharathi Trusts and Estates, March 2005 The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") is a federal statute that provides for the development of uniform national health information data standards and privacy standards.
The effect of HIPAA on Powers of Attorneys By Amy Jorgensen Kain Elder Law, January 2005 In recent years the Health Insurance Portability and Accountability Act of 1996 (HIPAA) has crept into our lives in places that were not immediately identifiable upon the law going into effect.
Restriction of litigants’ access to protected health information under HIPAA By Jeffrey P. Carren Federal Civil Practice, May 2004 Regulations issued by the Secretary of Health and Human Services under the Health Insurance Portability and Accountability Act ("HIPAA") prohibit covered entities-health plans, health care clearinghouses and health care providers-from using or disclosing protected health information ("PHI") without the consent of the individual who is the subject of the information, unless such use or disclosure is specifically permitted by the regulations.
HIPAA privacy rules and discovery of medical records By Michael K. Goldberg General Practice, Solo, and Small Firm, February 2004 The Health Insurance Portability & Accounting Act of 1996 ("HIPAA") and the regulations1 promulgated pursuant to the Act have been in effect since April 2003.
Health Insurance Portability & Accountability Act (HIPAA) and the workers’ compensation exemption By Emily E. Borg Workers' Compensation Law, September 2003 HIPAA is a federal mandate that was passed by Congress in 1996 in response to the health care industry's request for standardization, as a remedy for increasing frequent health care privacy breaches, and in an effort to halt the steady increases in health care costs.
Last rights vs. privacy rights under the amendents to the Health Insurance Portability and Accountability Act of 1996 By Kenneth Dobbs Human Rights, June 2003 Father McNamara receives a telephone call from a parishioner that the principal of the parish school, Sister Mary Elizabeth, was run over by a truck and rushed to an area hospital in grave condition.