Does HIPAA change the way California physicians must respond to subpoenas, court and administrative orders and other discovery devices aimed at obtaining medical information or patient records?
You should continue to respond to these discovery devices the same way you have in the past. Generally, HIPAA does not preempt provisions of California law that are more restrictive than HIPAA. California law governing physicians’ responses to court orders, administrative orders, subpoenas in a court or administrative proceeding and other discovery devices is comprehensive and detailed and is generally stricter than HIPAA, so the provisions of existing California law should apply and should be carefully followed. However, the relationship between HIPAA and California law is complicated, as are the provisions of California law itself. If you have questions about how to respond or act in a particular situation, you should talk with your attorney. Hill Physicians cannot and does not give legal advice or advice about particular factual situations.
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