Use of protected health information. CMS and the state agencies responsible for administering Medicaid programs are authorized to transmit certain protected health information to a law firm representing plaintiffs in a product liability action so that the firm can determine which plaintiffs are Medicare or Medicaid beneficiaries. CMS and the state agencies have asserted, or will assert, statutory liens or reimbursement claims against the settlement proceeds of those plaintiffs who are also eligible for Medicare or Medicaid. The information being sought is protected under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (PubLNo 104-191). Under a qualified protective order, CMS and the state agencies may transmit protected health information, including names and other identifying data, as well as claims information, to the law firm. The law firm, however, is not permitted to use the information for any purpose other than determining in whose potential settlements CMS and the state agencies may have an interest. The law firm must maintain any protected health information in a secure area and must certify that it has been destroyed at the conclusion of the litigation.
In re: Bextra and Celebrex Marketing, Sales Practices and Product Liability Litigation, N.D. Cal., Dec. 8, 2008.
For more information on this and related topics, consult the CCH® Medicare and Medicaid Guide.
Visit our News Library to read more news stories.
