Corporate Compliance

Q&A: Responding to subpoena requests

Compliance Monitor, April 13, 2011

Q: Should we provide a complete copy of a patient’s record when a subpoena requests “any and all” records?

A: Yes, but only if the person issuing the subpoena specifically justifies the need for the entire record. You should respond by calling the attorney, explaining the period the records cover, and asking whether the entire record, or just portions of it, are needed. Document your conversation with the attorney to show your attempt to meet the minimum necessary requirement.

This week’s Q&A was adapted from The Privacy Officer’s Handbook. For more information about this book, visit the HCMarketplace.

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