Wiki HIPAA and Subpoena

[bill2doc]

I have an attorney signed (stamped) subpoena requesting a patients medical and billing records. Would a HIPAA expert please advise if we are able to send the requested info. We are confused on if it should be signed by a judge and/or court personnel....

Any direction regarding Subpoena's for records would be greatly appreciated.

Thanks!

 

[dclark7]

REad this article from Medical Economics, it may answer some of your questions. http://medicaleconomics.modernmedicine.com/memag/Young+Doctors'+Resource+Center:+Malpractice:+Depositions%2Ftestimony/You-just-received-a-subpoena-Now-what/ArticleStandard/Article/detail/117389

 

[sdeaton]

Generally speaking (and I'm not an attorney), if the subpeona includes a signed release from the patient for whom the records pertain, you can release records but ONLY the portion of the records that the patient gave written authorization to release.

In other words, if they are asking for specific dates of service, DO NOT provide any other dates of service or do not supply the entire medical record if it's not being requested.

ALWAYS, if in doubt, seek the advice of a reputable healthcare attorney before responding, especially if the patient (for whom the records are being requested), is deceased.

 

[bill2doc]

What's interesting is our patient is the plantiff and it's the defendant's attorney sending the subpoena so it just seems strange that our patients attorney wouldn't be requesting the info then sharing it with the other attorney....so confused. Thanks for helping