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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 310. Oklahoma State Department of Health |
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Chapter 2. Procedures of the State Department of Health |
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Subchapter 25. Discovery |
SECTION 310:2-25-7. Protected health information
Latest version.
- Discovery requests for medical records or other records containing protected health information of a party or a person who is not a party to a proceeding, shall be subject to the following requirements:(1) Information contained in party's medical records shall be disclosed only to counsel of record in this action or only to individuals certified by such counsel as employed by or assisting counsel in preparation for, or at the trial of this action. For the purposes of compliance with this rule, medical records shall mean any note, memorandum, or any other form of information, including information in electronic form, that is covered by the HIPAA Privacy Rule, 45 CFR § 164.xx, et seq.(2) Any such documents or information obtained shall be used only for the purpose of litigation before the Department in the case in which the information was collected.(3) The production of such documents or information concerning a resident's medical records shall not constitute a waiver of any privilege or other claim or right of withholding or confidentiality which resident may have.(4) It shall be the responsibility of the parties to maintain all confidential information in a secure place designed to prevent any third party from access.(5) Copies of all documents containing such information should reflect that they are protected, privileged or confidential within the spirit of this Order, including any portion of a hearing transcript, exhibit, brief or other document containing such information, and shall be filed and transmitted using sealed envelopes or other appropriate containers clearly marked as being confidential and protected.(6) To the extent possible, all pleadings and other documents used in an administrative hearing shall be redacted to exclude the name of a patient. For the purpose of clarity in hearings, parties may file a letter with the Office of Administrative Hearings identifying any redacted party. Upon conclusion of the case, the letter shall be placed in a sealed envelope and kept with the tribunal file.