HIPAA privacy exceptions for law enforcement purposes applied to health care professionals

Date: August 19, 2020
Time: 01:00 PM ET
Duration: 60 Minutes
Speaker: Mark R. Brengelman



Exceptions to HIPAA privacy abound for the various law enforcement purposes as applied to both the federal and state government and its law enforcement activities.  Health care professionals must be aware of the many exceptions to confidentiality for protected health information when approached by law enforcement or other government officials demanding information from medical records.

Many of these exceptions arise in situations where the health care practitioner is not the target of a government inquiry, but may hold information necessary to carry out a legitimate government function, whether they be civil or criminal inquiries.  How to know the difference?  Find out in this informative webinar by Mark R. Brengelman, Attorney at Law that arms you with a fuller knowledge of the HIPAA privacy exceptions for law enforcement purposes.

Session highlights:

·  The basics of HIPAA privacy

·  The basics of HIPAA privacy exceptions with patient consent

·  Exceptions to HIPAA privacy for law enforcement purposes for civil matters

·  Exceptions to HIPAA privacy for law enforcement purposes for criminal matters

·  How exceptions to HIPAA privacy are applied by law enforcement agencies, with an emphasis on state licensure boards and agencies

·  How you may comply to a request for Protected Health Information when the patient is in trouble and law enforcement is involved

·  How you may comply to a request for Protected Health Information when you are in trouble

·  Case law from the courts regarding HIPAA privacy exceptions for law enforcement purposes

Benefits of attending session:

·  Covers the advanced topic of law enforcement exceptions for medical privacy

·  Distinguishes law enforcement from public health exceptions under the COVID-19 pandemic

·  Reviews HIPAA law enforcement for civil matters

·  Review HIPAA law enforcement for criminal matters

·  Arms the person attending to understand these exceptions as used by state licensure boards and agencies

·  Gives examples of law enforcement requests for medical records under these exceptions

·  Provides the health care practitioner, medical office or facility manager, and health care attorney with the knowledge to handle day-to-day law enforcement requests for medical records

Who should attend?

Health care attorneys; corporate compliance officers in health care; medical records staff of medical offices and health care entities; hospital attorneys; health care practitioners who are covered entities; law enforcement officers in health care compliance; state boards and agencies with jurisdiction over state licenses to practice a health care profession


Mark R. Brengelman

Mark R. Brengelman became interested in law when he graduated with both Bachelor’s and Master’s degrees in Philosophy from Emory University in Atlanta.  He earned a Juris Doctorate from the University of Kentucky College of Law.  Mark became an Assistant Attorney General in Kentucky in the area of administrative and professional law as the assigned counsel and prosecuting attorney to numerous health professions licensure boards. 
He retired from state government, became certified as a hearing officer, and opened his own law practice, including working as a legislative agent (lobbyist).As a frequent participant in continuing education, Mark has been a presenter for over thirty national and state organizations and private companies as the:

·  Kentucky Bar Association
·  Kentucky Office of the Attorney General
·  National Attorneys General Training and Research Institute, and
·  Federation of Associations of Regulatory Boards.

This also includes multiple, national health care organizations, including the:

·  Association of State and Provincial Psychology Boards
·  Federation of State Boards of Physical Therapy
·  National Council of State Boards of Nursing
·  National Association of State Emergency Medical Services Officials
·  National Association of State Contractors Licensing Agencies, and;
·  American Association of Veterinary State Boards.

Mark was the founding presenter for “Navigating Ethics and Law for Mental Health Professionals,” a continuing education training approved by five Kentucky mental health licensure boards.  He also founded “The Kentucky Code of Ethical Conduct:  Ethical Practice; Risk Management, and; the Code of Ethical Conduct” as an approved, state-mandated continuing education for social workers offered as a video-on-demand.

Mark has now worked for all three branches of state government having worked since June 2018 as the Enforcement Counsel for the Kentucky Legislative Ethics Commission, an independent regulatory body that oversees 138 elected state legislators and nearly 800 registered lobbyists.  Continuing as an ethics attorney, Mark is also the contract counsel for the Ethics Commission of the Louisville Metro Government, a city and county merged government, the largest city in Kentucky, and the 45th largest metropolitan statistical area in the United States.

Mark focuses on representing health care practitioners before licensure boards and in other professional regulatory matters and representing children as Guardian ad Litem and parents as Court Appointed Counsel in confidential child dependency, neglect, and abuse proceedings and termination of parental rights proceedings in family court.