News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Subpoenas Medical Records

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Reproductive Attestations Update: What California Law Practices Need to Know

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Earlier this year, I wrote an article outlining a new HIPAA rule that became effective on December 23, 2024, requiring healthcare providers to obtain a Reproductive Attestation before releasing medical records in response to...more

U.S. Legal Support

What Is Included in Medical Records?

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A medical record is a documented account of an individual’s medical history, which can be information that can make or break certain legal cases. Most individuals will have unique medical information from multiple providers...more

U.S. Legal Support

Attorney Request for Medical Records: A Guide

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A negligent surgeon, auto accident, personal injury, bar fight—many legal cases require requesting, analyzing, and organizing medical records. Whether you’re representing the plaintiff or the defendant, you’ll want to reduce...more

Kennedys

Beyond borders: how to obtain a plaintiff’s medical records located outside the US

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A staple of personal injury litigation in the United States concerns the gathering and exchange of a plaintiff’s medical records through the discovery process. These records are often critical to defendants and must be...more

Harris Beach Murtha PLLC

Health Care Providers Beware: Subpoenas Continue to Be a Source of Concern

A recent Connecticut Appellate Court decision highlights the importance of health care provider attention to subpoenas involving patient information.  In January 2018, our office published a summary of a then-recent...more

Husch Blackwell LLP

Cook County Issues Revised HIPAA Order, Narrowing the Utility of Medical Provider Subpoenas

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On November 5, 2021, Cook County’s HIPAA Qualified Protective Order (“QPO”) was considerably reconstructed in light of the Illinois Supreme Court’s decision in Haage v. Zavala, 2021 IL 125918. Illinois litigators were...more

Cranfill Sumner LLP

HIPAA Compliance in Response to a Subpoena

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We are frequently approached by health care providers who have received a subpoena demanding patient records for a lawsuit to which the health care provider is not a party. Often times these subpoenas arrive without warning...more

Holland & Hart - Health Law Blog

Producing Records of Other Providers

There is a common misunderstanding that healthcare providers may not or should not produce medical records that were created by another healthcare provider. Under HIPAA, patients have a right to access all records that a...more

Steptoe & Johnson PLLC

Providers Beware: Take Care When Producing Mental Health Records in Response to Nonparty Subpoenas

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A recent decision by the Supreme Court of Appeals of West Virginia draws a sharp line of distinction for hospitals responding to nonparty subpoenas against the unauthorized disclosure of confidential mental health records. In...more

Holland & Hart - Health Law Blog

Producing Patient Records: The “Designated Record Set,” the “Legal Health Record,” and Records Created by Other Providers

Healthcare providers often misunderstand their obligation to provide patient records in response to a request from a patient or third party....more

Mintz - Privacy & Cybersecurity Viewpoints

HIPAA spring check-up: Your obligations to safeguard third-party patient health information in medical records produced in...

You’ve had your apple a day, but you can’t keep the subpoenas away… And, if your organization is facing a request seeking records or other materials that may contain patient health information (“PHI”), it bears...more

Burr & Forman

Physicians Must Be Cautious When Responding To A Subpoena or Request for Medical Records

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Doctors must educate themselves and particularly their staff on the legal obligations to protect the confidentiality of medical records and how to properly respond to subpoenas and requests for patients’ health information....more

Brooks Pierce

Physician Practices Be Alert: You Might Be Violating HIPAA If You Produce Medical Records In Response To State Court Subpoenas

Brooks Pierce on

Over the past months, my experiences with physician practices have made me realize that many practices do not understand how HIPAA applies to subpoenas for medical records. More worrisome, I suspect that many practices...more

Robinson & Cole LLP

Beware medical records subpoenas: Connecticut Supreme Court issues opinion on negligence for noncompliance with HIPAA standards

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Health care providers and their medical records custodians constantly find themselves under pressure to release medical records immediately upon receipt of a subpoena. However, regardless of the subpoena or the pesky...more

Mintz - Health Care Viewpoints

Provider Beware: HIPAA and State Privacy Laws May Inform Negligence Suits

A recent opinion from the Connecticut Supreme Court illustrates that HIPAA is not the only law that covered entities and business associates must worry about if an unauthorized disclosure of protected health information (PHI)...more

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