The federal HIPAA statute has made subpoenaing a medical witness time and effort consuming. The statute governs and supersedes court rules, even when a subpoena comes from a court!
You need to know, and take, the proper steps, with the proper paperwork, served with all HIPAA compliant steps, before a medical witness will testify.
HIPAA Subpoena Process Report pulls lots of information together for you: it is a combined legal summary, a checklist, and a forms document. It has two major divisions:
If you need testimony or medical records about a patient from a medical witness or custodian of records, at a deposition or trial, compliance with the court rules and state statutes is not enough. HIPAA has placed an overlay of requirements, by statute, that trumps lesser statutes or rules. Doctors, nurses, hospitals, therapists, laboratories, and any medical provider that wants Medicare or federal payments knows that. HIPAA compliance by you is not an option. It's a requirement if you want to subpoena the medical witness for testimony about the patient or records of patient protected information.
Here is a sample of the text:
Ten days after the patient's attorney actually received the "cover letter to patient's attorney" (not when you mailed it out!) you can take the final step of actually serving the subpoena on the deponent. So after you have received the return receipt back from the post office, count off the 10 days from the date of the post office delivery date. That is the date after which you can serve the deponent.
You must have these four items served together on the deponent.
- Your reasonable assurance certificate;
- The deponent's copy of the subpoena being served on him/her/it;
- A copy of your cover letter to the patient's attorney; and
- A copy of the post office return receipt showing delivery to the patient's attorney.
HIPAA Subpoena Process Report gives you:
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