tci Medicare Compliance & Reimbursement - 2015 Issue 20

HIPAA: Meet 4 Important Criteria to Qualify as a Whistleblower

Disclosure of PHI to attorneys to obtain legal options not a violation of HIPAA, says court. Quitam suits can inflict more than monetary damage to covered entities and the last thing any healthcare provider — physician or facility — can afford is being embroiled in frivolous suits. However, don’t expect that disclosure of protected health information without express consent will attract HIPAA violation penalties when an employee or former employee “whistleblower” furnishes PHI to her attorney. In Howard ex rel.United States v. Arkansas Children’s Hospital, two former employees of the Arkansas Children’s Hospital (ACH)...

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