• The Use and Disclosure of Protected Health Information in the Context of Litigation
  • February 13, 2005 | Author: Brenda T. Strama
  • Law Firms: Vinson & Elkins LLP - Houston Office ; Vinson & Elkins LLP - Austin Office
  • On January 14, 2005, the Federal Office for Civil Rights ("OCR") published on its website long-awaited guidance regarding the use and disclosure of protected health information ("PHI") in the context of litigation. Although in some instances this guidance, in the form of answers to Frequently Asked Questions ("FAQs"), simply restates the applicable provision of the HIPAA Privacy Rule, in some cases the FAQs do provide important guidance for covered entities and their business associates on how and when PHI may be used and disclosed.