11. HIPAA Compliance in Discovery

• Pages: 223-231
• Author: Anne Bentley McCray,Etahjayne J. Harris,Sarah M. Holub

11

HIPAA Compliance

in Discovery

Anne Bentley McCray, Etahjayne J. Harris, and Sarah M. Holub1

Given the sensitive, personal, and medical nature of the docu-

ments that are exchanged in any outbreak case, it is important

to have safeguards and systems in place to govern the intake,

maintenance, and ultimate destruction of the information that is

exchanged. When you develop rm protocols in anticipation of

litigation that implicates HIPAA, there are several practical con-

siderations to keep in mind to protect the individuals involved

and to avoid signicant monetary penalties. This chapter high-

lights the most critical considerations and offers practical sugges-

tions to manage that process.

Outbreak litigation typically involves large volumes of individual

and sensitive data, including medical records. Thus, every out-

break litigation counsel should have a working understanding of the

protections that are included in the Health Insurance Portability and

1. Anne McCray is the co-chair of the e-Discovery Practice group at McGuireWoods

LLP. Etahjayne Harris is a litigator at McGuireWoods LLP. Sarah Holub is a liti-

gator at McGuireWoods LLP.

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