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Kirk Nahra Discusses HIPAA Enforcement in Bankruptcy Case

Modern Healthcare 
June 2, 2016

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted in a Modern Healthcare article about former patients of a New Mexico chain of health clinics who are struggling to access their medical records. It is proving difficult for those patients to obtain their records from the now bankrupt chain, and they may have no recourse. Mr. Nahra stated that under the Health Insurance Portability and Accountability Act (HIPAA), patients have the right to obtain their records, but this becomes debatable once the company has been dissolved. 

Mr. Nahra also told Modern Healthcare that the New Mexico medical board could go after the physician’s medical license if patient medical records are not handled properly after a facility closes.

The health clinic’s website has a phone number for patients to call regarding medical records questions, but upon calling, their voicemail box is full and cannot receive more messages.

Mr. Nahra added that “when a company shuts down, they’re not worried about an HHS [U.S. Department of Health and Human Services] enforcement letter three years later. There is no obligation in HIPAA to keep your business open.”

To read the complete article, please click here.