BBA Provides Guidance to Probate and Family Court with Standing Order Regarding HIPAA
Advancing its mission to improve the administration of justice, the BBA Council endorsed a proposed standing order drafted by the Ad Hoc HIPAA Committee of the Health Law Section -- to provide the Administrative Office of the Probate & Family Court with guidance to help address anticipated issues raised by federal HIPAA regulations regarding the disclosure of health information in certain court proceedings. In particular, the Committee drafted a form of standing order for the Probate & Family Court to adopt for use in guardianship and conservatorship proceedings. In such proceedings, health information is usually submitted to permit the court to evaluate the claims at issue, including the competency of the proposed ward. However, the nature of these guardianship or conservatorship proceedings make it difficult or impossible to obtain consent for the release of that information (as the ward is either unwilling or unable to provide consent). The proposed standing order that the Ad Hoc HIPAA Task Force has drafted seeks to allow the necessary information to be filed in court while still protecting the rights of the proposed wards. The Council’s endorsement followed a presentation by BBA Health Law Section members Robin Johnson of Johnson & Aceto, LLP and Colin Zick of Foley Hoag LLP. |
