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

Yeah.

That I had not done before I started doing you know health law.

Mm-hmm.

And what's so interesting actually also about part two is that they do require unconditional compliant compliance.

So even if the party seeking the information is a government official or has a subpoena or asserts any other information or justification, I mean for a disclosure.

the part two rules actually say those words, unconditional compliance is required.

And that means that providers need to proceed really cautiously, um, because you could potentially be exposed to criminal penalties for violation of the part two rules.

Like hearing that kind of response.

Nobody likes hearing I'm not sending you the records that you've asked for.

Um, but it's important to be careful because so uh HHS OCR recently announced a new civil enforcement program and they've described a plan to aggressively enforce the privacy of these patient records.

Uh and as part of that program, they're now accepting complaints alleging violations of part two regulations and notification of breaches of SUD patient records.

So I think we were talking about this before.

This is a space where we expect to see more enforcement activity in the near future.

Well, thinking beyond HIPAA and beyond part two, what else should providers be aware of when responding to requests for patient information?

No, just I know for sure that there's a North Carolina law that I always check, um, you know, to make sure.

So I'm sure that's true in every other state.

Those are always really tricky to respond to because you want to be cooperative, uh, but you also don't want to make a big strategic error.

And so that's a good example of the importance of bringing an attorney in early to help you understand the full scope of the situation.

Well, we were talking a little bit about the possibility of patient initiated litigation.

Uh so I thought it might be helpful just to remind our listeners that there is no private right of action under HIPAA.

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