When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.
When federal agencies issue subpoenas for medical records, it can put healthcare providers in a tricky situation. On one hand, they have a duty to comply with valid legal requests. On the other hand, they also have a duty to protect patient privacy under HIPAA. This article will examine how HIPAA applies to federal subpoenas for medical records, including the notification requirements and permitted disclosures.
HIPAA, or the Health Insurance Portability and Accountability Act, is a federal law that provides privacy protections for patient health information. The HIPAA Privacy Rule lays out requirements for how covered entities like doctors, hospitals, and health plans can use and disclose protected health information (PHI).
PHI refers to any information in a medical record that could identify the patient, including things like names, birthdates, social security numbers, diagnosis codes, and treatment details. Under HIPAA, patients have certain rights over their PHI, and healthcare providers have certain responsibilities to safeguard it.
Federal agencies like the Department of Justice (DOJ), Drug Enforcement Administration (DEA), and Office of Inspector General (OIG) have authority to issue subpoenas as part of investigations. For example, they may issue a subpoena for medical records as part of a healthcare fraud investigation or drug diversion investigation.
The subpoena gives them the power to compel the production of documents, including protected health information. Healthcare providers that receive a federal subpoena for medical records are legally required to respond in a timely manner to avoid being held in contempt of court.
Under HIPAA, a covered entity can only disclose PHI in response to a subpoena if certain notification requirements are met[1]:
These notification requirements apply even if the subpoena orders the covered entity not to inform the patient. HIPAA supersedes that, giving patients a right to object before their medical records are turned over.
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Google rating score: 4.9 of 5, based on 736 reviewsOnce proper notification is given, HIPAA does permit some disclosures of PHI in response to a federal subpoena[2]:
For example, if a subpoena requests John Doe’s medical records from January 1 – March 31, 2022, the provider may disclose records from that timeframe. They may also include a face sheet with John Doe’s name, DOB, address, etc. if needed to identify him. But they should not disclose John Doe’s full medical history without limitation.
If the subpoena for medical records comes directly from a law enforcement official, HIPAA has some additional requirements[6]:
For law enforcement, the minimum necessary standard does not apply. However, disclosures should not exceed what is reasonably relevant and necessary for their lawful purpose.
If a healthcare provider receives a subpoena that does not meet HIPAA requirements, they should not ignore it. The proper response is to file a motion to quash or modify the subpoena[3].
Reasons to quash or modify a subpoena may include:
This allows the provider to comply with lawful requests while still upholding their duty to safeguard HIPAA rights. The court may decide to uphold or modify the subpoena accordingly.
If a covered entity does improperly disclose PHI in response to a subpoena, there can be stiff penalties under HIPAA[4]:
Plus, the covered entity may be open to private lawsuits from patients whose privacy was violated.
That’s why it’s critical to take care in responding to subpoenas for medical records. Here are some best practices:
Responding properly to subpoenas can be complex, but is important for complying with both HIPAA and legal obligations. Healthcare providers should develop clear policies and train staff on handling subpoenas. With the right preparation, covered entities can respond appropriately while still protecting patient privacy.
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