Judicial and Administrative Proceedings FAQs

May a covered entity disclose protected health information in response to a court order?
May a covered entity use or disclose protected health information for litigation?
May a covered entity that is a plaintiff or defendant in a legal proceeding use or disclose protected health information for the litigation?
What “satisfactory assurances” must a covered entity that is not a party to the litigation receive before it may respond to a subpoena without a court order?
For disclosures for judicial and administrative proceedings, can notice be provided to the individual's lawyer instead of the individual?
For disclosures for judicial and administrative proceedings, when is a copy of the subpoena itself sufficient satisfactory assurance of notice to the individual?
In providing legal services to a covered entity, must a lawyer who is a business associate require that those persons to whom it discloses protected health information agree to abide by the privacy restrictions and conditions that apply to the lawyer?
When must a covered entity account for disclosures of protected health information made during the course of litigation?
May a covered entity that is not a party to a legal proceeding disclose protected health information in response to a subpoena, discovery request, or other lawful process that is not accompanied by a court order?