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Article: Subpoenas duces tecum vs. HIPAA: which wins?(Health Insurance Portability and Accountability Act of 1996)(Florida)
- Article from:
- Florida Bar Journal
- Article date:
- February 1, 2005
- Author:
CopyrightCOPYRIGHT 2005 Florida Bar. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The struggle between HIPAA's privacy rules and subpoenas for "protected health information" (PHI) is an ongoing issue that needs to be resolved, and this article is intended to assist in that resolution. In this writer's opinion, the Rules of Civil Procedure trump the privacy regulations of HIPAA once litigation has been initiated. While this article will refer to the Florida Rules of Civil Procedure, it is anticipated that the basic substance of these rules is universal enough to allow this information to be of use in multiple jurisdictions. Like Florida, most states have adopted some form of the Federal Rules of Civil Procedure.
Historical Background and ...