Over the past months, my experiences with physician practices have made me realize that many practices do not understand how HIPAA applies to subpoenas for medical records. More worrisome, I suspect that many practices nationwide routinely violate HIPAA when they receive a subpoena.
Here’s what I’ve observed: Practices receive state court subpoenas that are signed by lawyers and that demand the production of medical records, and the practices automatically assume they must produce the records. This is a dangerous assumption—the production of the records may very well ... Read More
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