Wally
BrownCafe Innovator & King of Puns
Audit all my records. Who cares? Then again, I live drug free.
Medical Records Subpoena
- Thread starter Bring it in
- Start date
Wally
BrownCafe Innovator & King of Puns
Are you kidding? We have more quasi-experts here than a CNN fake news panel.
why would u need fake doc notes?
BigUnionGuy
Got the T-Shirt
I mean wouldn't docs do that anyways if u asked?
Big Package
Handler
Depends drastically on what type of medical care and status of injury/illness at the time of the appointment. A lot of them here won't write them anymore. Of course, by the time you get to your appointment you're usually better, so it's pretty useless trying to get one.
The only worthwhile medical thing available outside of benefits is the ability to file FMLA to save your job. There's a guy with really bad IBS, to the point where if he's calling out, it's bad. We have had to air the place out before returning to work. They stopped asking him for notes after an "incident" and he got on FMLA.
But doctors note? This ain't high school.
The only worthwhile medical thing available outside of benefits is the ability to file FMLA to save your job. There's a guy with really bad IBS, to the point where if he's calling out, it's bad. We have had to air the place out before returning to work. They stopped asking him for notes after an "incident" and he got on FMLA.
But doctors note? This ain't high school.
BigUnionGuy
Got the T-Shirt
We don't have socialized medical practitioners like you do in Canada.
Be subject to fraud, and possibly lose their license to practice.... Nope.
Indecisi0n
Well-Known Member
So many off topic comments I don't even know where to begin. I'll stick with private PM for useful help. First send me a selfie
trickpony1
Well-Known Member
toot, toot.
Returntosender
Well-Known Member
The employee needs to sign the HIPPA rights away. For them to get the records.
Returntosender
Well-Known Member
IESucks
Well-Known Member
Yes. Yes. Yes.
twoweeled
Well-Known Member
I'm sure you're correct. Not a lot of info here, but depending on what phase he's in, I bet he signed them away already. Maybe not. I'd like to know how it plays out.
Returntosender
Well-Known Member
In recent years, many states, including Iowa, have changed their court rules to allow attorneys to sign and issue subpoenas in pending cases without prior court approval. While the issuance of such subpoenas may be acceptable under general state law, providing documents in response to a subpoena that is only signed by an attorney may lead to a violation of the Health Insurance Portability and Accountability Act (“HIPAA”). If you are a Covered Entity (such as a health care provider or a health plan) or a Business Associate (a person or entity providing services to a Covered Entity that involve the use or disclosure of protected health information), you should be cognizant of the HIPAA-based requirements before responding to a subpoena.
If you are a Covered Entity or Business Associate and have received a subpoena only signed by an attorney, you should first determine whether the subpoena requests protected health information. Protected health information is any information about health status, the provision of health care or payment for health care that is created by a Covered Entity or Business Associate and that can be linked to a specific individual. If you receive a subpoena asking for Patient Jane Smith’s medical records, then the information requested is clearly protected health information. If you receive a subpoena asking for your professional corporation’s balance sheet, then the subpoena is not likely requesting protected health information. However, if that subpoena asks for your professional corporation’s list of accounts receivable, the requested materials would include protected health information. Because most subpoenas are drafted broadly (e.g., “Any and all documents related to…”), it is highly likely that at least some protected health information is being requested when you receive a subpoena.
While HIPAA does not insulate a Covered Entity or Business Associate from responding to a subpoena requesting protected health information, additional information will likely have to be obtained from the issuing attorney before you can respond. Before responding to an attorney-issued subpoena, a Covered Entity or Business Associate is required to receive “satisfactory assurances” that:
If you are a Covered Entity or Business Associate and have received a subpoena only signed by an attorney, you should first determine whether the subpoena requests protected health information. Protected health information is any information about health status, the provision of health care or payment for health care that is created by a Covered Entity or Business Associate and that can be linked to a specific individual. If you receive a subpoena asking for Patient Jane Smith’s medical records, then the information requested is clearly protected health information. If you receive a subpoena asking for your professional corporation’s balance sheet, then the subpoena is not likely requesting protected health information. However, if that subpoena asks for your professional corporation’s list of accounts receivable, the requested materials would include protected health information. Because most subpoenas are drafted broadly (e.g., “Any and all documents related to…”), it is highly likely that at least some protected health information is being requested when you receive a subpoena.
While HIPAA does not insulate a Covered Entity or Business Associate from responding to a subpoena requesting protected health information, additional information will likely have to be obtained from the issuing attorney before you can respond. Before responding to an attorney-issued subpoena, a Covered Entity or Business Associate is required to receive “satisfactory assurances” that:
- The party seeking the information has made reasonable efforts to ensure that the individual who is the subject of the protected health information has been given notice of the request; or
- The party seeking the information has made reasonable efforts to secure a qualified protective order.
