Does HIPAA change the right of a defendant to subpoena the patients medical records with notice but without authorization when the patient institutes civil litigation claiming total disability??
HIPAA does not change this right. You are correct in noting that reasonable efforts have first been made by such party (requestor) to ensure that the individual who is the subject of the PHI, that has been requested, has been given notice of the request. This notice must be in written documentation and must include sufficient information about the litigation or proceeding in which the PHI is requested to permit the individual to raise an objection to the court or administrative tribunal. If the time for the individual to raise objections to the court or administrative tribunal and no objections were filed or all objections filed by the individual have been resolved by the court or administrative tribunal, the release of PHI may be honored. This PHI will be released with a qualified protective order stating that the PHI will only be used for the intended purposes and requires the return of the PHI to the covered entity or destruction (including all copies made) at the end of the litigat
Related Questions
- Does HIPAA change the right of a defendant to subpoena the patients medical records with notice but without authorization when the patient institutes civil litigation claiming total disability??
- When releasing the medical records of a patient, with a properly executed authorization, may we release records of other physicians or clinics which may have been sent to us?
- Under HIPAA, do patients have a right to get a copy of their medical records?
