Claire O’Brien

speaker

161 appearances 1 recordings 1 series first heard Aug 2026 last heard 7 Aug

Claire O’Brien’s voice in public audio — every appearance, attributed to the second.

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Recordings per month over the last 12 months — 1 in all, peaking in Aug 2026 with 1.

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AHLA's Speaking of Health Law · What Health Care Providers Should Know When Responding to Subpoenas or Other Legal Demands · 7 Aug 2026 podcast

What kind of factors are you thinking about?

Well, just so the source of demand.

So a court order will be treated differently than a subpoena signed by an attorney.

And you'll think about uh what is the information requested.

So is it looking for records or is it looking for deposition testimony?

And then what laws is that information subject to.

So as we'll talk about today, there may be more at issue than HIPAA.

And then you'll also think about the timing of the demand and the time of production and the scope of production.

So it may be the case that the demand is imposing an undue burden on the recipient and really asking for too much in too little time.

And then, you know, all of those factors will go together and will dictate the response.

And so there's a range of potential outcomes.

It could

you know, involve producing the requested information subject to a protective order, or you might send a notice of objection, which Terry I understand is your favorite thing to do, uh, or more rarely a motion to quash might be appropriate.

So, you know, HIPAA is the first law that I think people think about when patient information is involved, although it's not the full universe.

What does HIPAA require before disclosing protected health information?

Yes, although this is the thing I told you when we were preparing that I would struggle to do.

But here's my attempt to do it in very plain terms.

So uh yes, a covered entity can generally disclose PHI in response to a court order, including the order of an administrative tribunal.

So it doesn't have to be, for example, a federal court.

Uh although still the covered entity should only disclose the information specifically described in the order, and we'll talk about that more later.

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