Document Type
Article
Publication Date
2013
Publication Title
Oregon Law Review
Abstract
Outside health care counsel frequently obtain medical records, billing records, health insurance claims records, and other records containing individually identifiable health information in the course of representing health industry clients in medical malpractice, licensure, certification, accreditation, fraud and abuse, peer review, and other civil, criminal, and administrative health law matters. This Article is the first to argue that state rules of professional conduct, not federal health information confidentiality regulations, should govern outside health care counsel’s use and disclosure of confidential client information, and that outside counsel should be excepted from direct federal regulation under the HIPAA Privacy Rule.
Volume
91
First Page
813
Recommended Citation
Stacey A. Tovino, Gone Too Far: Federal Regulation of Health Care Attorneys, 91 Or. L. Rev. 813 (2013).
Included in
Health Law and Policy Commons, Legal Ethics and Professional Responsibility Commons, Legal Profession Commons, Privacy Law Commons