Provided by: Jennifer Kirschenbaum, Esq.
July 11, 2019
Can you address whether the recent Supreme Court ruling impacts the 6 year requirement under HIPAA? I was solicited to pay for a webinar to learn how I now have to keep records for 10 years.
The recent case having to do with presentation of false claims for billing for security services in Iraq does not impact HIPAA record maintenance requirements of 6 years. The opinion discusses the statute of limitations in which a qui tam action (whistleblower action) can be brought. https://www.supremecourt.gov/opinions/18pdf/18-315_1b8e.pdf. The decision, written by Justice Thomas, does seem to expand a whistleblower's time frame to bring a qui tam in a 10 year period, if the government would be harmed and not have had knowledge. The application is somewhat limited, and, in my opinion, not expansive enough to unilaterally alter record keeping requirements under a separate federal statute. So, don't throw your shredder out just yet and you can probably pass on that webinar. Be ware of peddling vendors!