LEGAL AND RISK SERVICES PROCEDURE

The following is a guideline on who to go to when legal advice, services, or notifications are necessary. 

Please send requests to legal@vivantbh.com.

Routine Requests for records

  • All routine requests for client records will be handled by your program’s HIPAA Privacy Officer (or medical records staff under their guidance). For clarification or questions on unique record requests, go to Susanne.young@vivantbh.com, Corporate HIPAA Privacy Officer.  Do not delay in processing record requests as the HIPAA rule requires that records be released to requester no later than 30 days.   

Employment liability matters

  • All EEOC complaints will be reported to legal@vivantbh.com

  • Other Significant employee concerns and issues related to our employees will be reported to the program’s HR Professional as soon as possible. They will coordinate with corporate HR, legal, and others as necessary.

Subpoenas

  • All subpoenas will be sent to legal@vivantbh.com for approval prior to releasing records or court appearances.  Due to the quick turnaround required with a subpoena, please forward immediately after received. 

Other legal requests and notifications

  • All letters of representation, notices of lawsuits or legal actions, court orders, warrants, demand letters, threats of litigation, legal notices will be forwarded and reported to legal@vivantbh.com. Legal/Risk will record the issue, open an insurance claim, coordinate the response as required, and track dates and deadlines. If you are unsure if an issue requires reporting to Legal, report it anyway and they will determine what action, if any, needs to be taken.

Management of lawsuits

  • Legal will coordinate our attorney’s requests for information, documentation, records and camera footage with the appropriate Executive Director. All documentation requests must be submitted within 24 hours of the request. 

  • Legal will distribute and collect all Litigation Hold forms. 

Representation in routine mediations

  • Legal will be the organization’s primary representative in all routine mediations and will coordinate with our insurance carriers and counsel to determine the right level of representation.

Assignment of counsel

  • No Vivant team member has the authority to engage legal counsel directly. All assignment of counsel decisions will be made by Susanne Young after consultation with CEO. If you wish to engage counsel for the organization, submit your request to legal@vivantbh.com.