Patient Confidentiality Procedures Motion
(Bankruptcy)

Summary

This template motion is for use by an attorney representing a party moving to maintain the confidentiality of patient information in a bankruptcy case. This template includes practical guidance, drafting notes, and alternate and optional clauses. The Health Insurance Portability and Accountability Act of 1996 (HIPAA; Pub. L. 104-191, 110 Stat. 1936) (HIPAA) was enacted in 1996 to provide protection to workers and their families when they lose or change their jobs. Specifically, HIPAA regulates the use, collection, storage, protection, and dissemination of personal medical records by covered entities. Specifically, Title II (i.e., the Administration Simplification provisions) of HIPAA requires the establishment of national standards for transactions involving electronic healthcare information as well as national identifiers for employers, providers, and health insurance plans. HIPAA has been amended by the HITECH Act. HIPAA issues can arise in healthcare and other bankruptcies, including issues concerning, among other things, inadvertent disclosures in bankruptcy filings, improper disposal of patient records, and/or disclosure during the due diligence for the sale. Bankruptcy counsel should be familiar with or consult with an attorney familiar with HIPAA requirements to ensure compliance. This template is for use in a healthcare or other bankruptcy where the debtor is in possession of information subject to HIPAA. In this template, the debtors seek entry of an order authorizing certain procedures to maintain the confidentiality of patient information as required by HIPAA. For related content, see Data Privacy and Bankruptcy, Focus on Healthcare Provider Bankruptcies, Big Data Analytics Privacy Law Considerations, and HIPAA Resource Kit.