Question

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 respond to the subpoena?

Answer 1

Step 1 of 3

A Subpoena is an order issued by a court or other person who is authorized to perform such task to present and appear certain documents which are material to case. A subpoena commanding the production of documents, books, or things is called a subpoena duces tecum.

Step 2 of 3

In a situation where a subpoena duces tecum is received from an attorney demanding the documents of all health records concerning MS and it is not clear whether the patient is or was present in the medical centre and also there is lack of valid authorization to release the information concerned as is required legally the releasing of such information should be deferred and the concerned authorities should be informed regarding the ambiguity and also be stated that a valid proper authorization is also required only after these prerequisites are fulfilled information can be disclosed.

Step 3 of 3

Therefore, in the present facts at hand it would be correct to inform the authorities that due to lack of valid authorization and unclear information as to the patient concerned the information cannot be provided and only after the clear information about the patient is given with valid authorization the information about the said patient can be disclosed.

Step-by-step explanation:

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