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

And you know, you've been doing this for more years than I have, but uh, you know, it's it's important to remember that you're gonna wanna go back and check the exact language of the rule because HIPAA can be so particular.

Right.

Well, talking about specifics of HIPAA, so one area is psychotherapy notes, which receive special protections under HIPAA.

They have their own paragraph in the rule and they're treated differently for the obvious reason that they contain particularly sensitive information.

So for that reason, HIPAA sets additional restrictions on the disclosure of those notes.

And generally speaking, a provider cannot disclose those notes without an individual's authorization.

And there are some limited exceptions, including that the provider could use uh or disclose psychotherapy notes without authorization to defend itself in legal proceedings brought against the individual, also in response to HHS investigations or as required by law.

Um so that's another example of psychotherapy notes.

If you received a legal demand um for such notes, you would want to go back and make sure your disclosure was appropriate and compliant with the rules.

Another category of highly sensitive information is substance use disorder records, which are regulated under what we commonly call the part two rules.

And Terry, I understand that you work a lot in this space.

So maybe you can tell uh our listeners at a high level what those rules are and who they apply to.

And that makes sense because I guess the whole point of the part two rules is that people might be afraid to obtain that kind of treatment for fear that the records would be used against them at a later date.

So Right.

Yeah.

Mm-hmm.

That's how I most often see it is request for testimony of an employee of a part two program.

Um, and we go through the same mental exercise.

Or maybe literally never have even heard about part two.

Right.

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