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HIPAA SUBPOENA COMMENTS There's more involved to getting medical records than just serving a subpoena, thanks to privacy regulations under the Health Insurance Portability and Accountability Act (HIPAA) that went into effect years ago.
The HIPAA requirement for lawyers is that they must provide proof that they have given notice to the person whose medical records they are seeking, as well as sufficient information about how, that information will be used.
Provisions of the new federal rule generally comport with the requirements of Florida Rule of Civil Procedure 1.351, which requires that all parties to a legal proceeding receive notice of a request for production that is to be sent to a third party. The HIPAA regulations, however, change the requirements that must be met before hospitals can comply with third-party subpoenas.
“Under the new HIPAA regulations, hospitals will have to require proof of compliance with Rule 1.351. Historically, many hospitals have responded to third-party subpoenas without receiving proof of service of the notices required under the Florida rules.”
Because health care providers are subject to the penalties, they are being counseled to be very cautious and use their own forms, at least in the beginning, Hodge said.
The Department of Veterans Affairs, for example, has issued a new VHA Form 10-5345 (Request for Authorization to Release Medical Records or Information).
Another point that is important is that HIPAA stands for uniform federal regulations. However, HIPAA also provides that if a statewide law covers the issue or is more strict, then state law still applies. In fact, there are resources out there where you can look at state laws that may be different than federal law.” |
