Comment on FR Doc # E9-26203

There is nothing in this rule that clarifies how or when it might apply to attorneys representing covered entities in litigation. As a result, it creates a chilling effect and interferes with the representation. If there are going to be monetary penalties up to $50k for unintentional violations, there should be an exception for lawful discovery, including exchanging copies of records with other parties in discovery, inadvertent disclosure during discovery, and other issues. At the very least, there should be an exception if the disclosure is made based on a good-faith belief in interpretation of the rule and its relation to state law, as many states still have not determined the scope of the Privacy Rule as it relates to lawful civil discovery.