BC Advantage - 2016 Issue 1

Protecting the Patient's Right to Privacy When Responding to Subpoenas for Medical Records

Healthcare providers are charged with protecting a patient's right to privacy when disclosing protected health information (PHI), but how is that accomplished when the provider is faced with responding to a federal subpoena for medical records without a patient authorization? The answer is simple if a provider understands its obligations and liabilities under the law and exercises due diligence when answering such legal requests. The Subpoena Power Subpoenas are routinely used by attorneys to obtain medical records from third parties for a variety of civil lawsuits, from personal injury to employment law to medical malpractice claims. The subpoena power...

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