What are our duties when we receive a subpoena for medical records or other PHI?
HIPAA Weekly Advisor, January 3, 2005
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A: When you, as a covered entity, receive a subpoena for protected health information, you must determine whether the subpoena is issued pursuant to a judicial or administrative order.
When the subpoena is issued through or pursuant to a court or administrative tribunal order, you may disclose the requested information without authorization. Note that this rule says that a covered entity "may" disclose; it does not say "must" disclose.
Editor's note: Attorneys from Bricker and Eckler LLP answered this question. For more information, go to Section 164.512(e) Disclosures for Judicial and Administrative Proceedings.
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