Confidentiality, Privacy and Security

P&P around Court orders and Subpoena's

  • 1.  P&P around Court orders and Subpoena's

    Posted 11-25-2020 09:07
    Hi Does anyone have Policy or procedures around how to respond when receiving a court order or Subpoena for disclosure of data?

    --
    Thanks in advance Kris

    Kris Lundell MBA,  CIPP/US, CiPT, CHP, CHPS, HCISPP
    Privacy and Security Consultants LLC


  • 2.  RE: P&P around Court orders and Subpoena's

    Posted 11-27-2020 09:10
      |   view attached
    Kris, I have attached a PDF of our policy.   Below is our sample letter for response.



    Attachment: Sample Letter to Individual Initiating Legal Request Regarding Inability to Comply with Subpoena, Subpoena Duces Tecum, Deposition Request or Other Legal Request

     

    [Date]

     

    [Name & Address] Dear [Title & Name]:

    We are in receipt of the following legal request issued from your office on [Date] and directed to [Recipient Name] regarding [Patient Information/Items/Records Requested]:

     

    q     Subpoena

    q     Subpoena Duces Tecum

    q     Deposition Request

    q     Court Order

    q     Other:                                                                                                                                    

     

    Please be advised that [Recipient Name (or Organization Name if appropriate)] is unable to comply with the request set forth in this legal request for the following reasons:

     

    Availability of Information/Recipient:

    q     The organization has no records available in response to the Legal Request.

    q     The organization requires greater specificity regarding the Legal Request.

    q     The organization has no records available for the patient identified in the Legal Request.

    q     The organization has no records available related to the information requested in the Legal Request.

    q     The  recipient  named  in  the  Legal  Request  is  not  a  member  of  the  organization's workforce.

    q     The business entity or facility named in the Legal Request is not a part of the local organization (Ministry Health Care facilities do not accept Legal Proceeding Requests on behalf of other Ministry Health Care facilities).

     

    Validity of the Legal Request:

    q     The Subpoena/Subpoena Duces Tecum/Deposition Request is not accompanied by a patient authorization (required by HIPAA and Wisconsin Law).

    q     The Subpoena/Subpoena Duces Tecum/Deposition requires other authorization.

    q     The Subpoena/Subpoena Duces Tecum/Deposition Request is not signed by a judge (court-ordered).

    q     The Subpoena/Subpoena Duces Tecum/Deposition Request is not valid due to:


     

    Other:

    q     The legal document was not served appropriately (e.g., fax, mail, etc.) and/or in a timely manner allowing a reasonable time for response.

    q     The organization is currently working with legal counsel to Quash the legal document [provide name of legal counsel involved].

    q     Other:                                                                                                                                    .

     

     

     

    If you have questions or concerns, please do not hesitate to contact me. Sincerely,

     

     

     

     

    [Insert Name/Contact Information]

     



    ------------------------------
    Nancy Davis, MS, RHIA, CHPS
    Director of Compliance & Safety
    Door County Medical Center
    ------------------------------

    Attachment(s)



  • 3.  RE: P&P around Court orders and Subpoena's

    Posted 11-28-2020 05:42
    Thank you, Nancy for sharing!

    Susan Oliver, RHIA, CHPS, CPC

    Sent from my iPad