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you supervise the correspondence unit of the health information services department of a medical center. Today, you received a subpoena duces tecum from an attorney, demanding either the originals or copies of all health records concerning Mary Smith, who allegedly is or was a patient of the medical center. The subpoena lacks sufficient information for you to determine whether Mary Smith is or was a patient in your facility. The subpoena is not accompanied by a valid authorization to release information for Mary Smith, as required in your state. How should you respont to the subpoena?

1 Answer

6 votes

For me, I would reply in writing as soon as I could, stating that inspection will be sanctioned as long as there is a complete and valid release form shown before you could be able to produce the records. Once you receive such information you will be able to obtain the relevant files or records and give them to the attorney.

User Paul Benn
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