Confidentiality, Privacy and Security

HIM professionals appearing in court

  • 1.  HIM professionals appearing in court

    Posted 10-19-2020 13:58
    How do you prepare to appear in court if you get a subpoena?  Any tips for a newbie?

    Thanks!

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    Penny Hankins
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  • 2.  RE: HIM professionals appearing in court

    Posted 10-19-2020 17:14
    I see you work in clinical psychology so make sure that non of the records require a court order.  I would talk with the provider to see if they want to dictate a clinical summary and not the entire record be entered in court.  It might be good to talk with your attorney before the appearance in case you plan to not respond and may not provide confidential records.  I am not sure if this is helpful but there have been times that this is what we did and the judge allowed the summary and not the entire medical record.  What type of court is it for?

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    Rebecca Reynolds
    Professor/Privacy Coordinator
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  • 3.  RE: HIM professionals appearing in court

    Posted 10-20-2020 08:11
    I am in the same boat, I have been subpoenaed x2, but each time they have changed the date. One of these days I will not be so lucky. If you haven't already, I would definitely follow Rebecca's advice and contact the hospital attorney. Ours is having the prosecutor obtain a release from the patient's family (patient is now deceased) to allow me to verbally discuss the patient in court. Even though the prosecutor has a copy of the record and the audit trail of those who accessed the record, and he clearly knows she was a patient here, my attorney states that the consent form only allows for the release of those records and does not specifically allow for me to verbally discuss the patient with anyone. She has informed me that Michigan law is more strict than HIPAA in this regard. (I'm a little embarrassed that I didn't know that.) Good luck!

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    Kathryn Wood, RHIA
    Assist Dir of Information Systems/Privacy Officer
    War Memorial Hospital
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