Hello. There is no such "business record privacy" laws in any states, and all business records are subject to court order and/or subpoena if they become the subject of a lawsuit. Your major issues are the patients right to privacy under the HIPPA regulations, and while you are going to be obligated to turn over records regarding what was billed and what this physician was involved in, there is no way that you should be turning over anything to do with patient files and records to anyone outside of the practice unless a court orders you to do so and can come up with some method to insure that the information that is reviewed and extracted from these records does not constitute violations of the HIPPA reulations. Even simple bookkeeping records may identify patient issues/problems that this physician and attorneys have no right to review under HIPPA. What you need to do here is object to the arbitrator that such a review can be a violation of the HIPPA regulations for patient privacy on all levels, and see if the arbitrator can come up with a plausible solution regarding the review of any medical billing records (regarding actual patient files, you should not turn those over, period, unless your attorney advises you to do so). Perhaps the arbitrator can review the billing records to determine that this physician was credited appropriately without actaully disclosing the information about the patient and other procedures from the patients billing records.
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