• Facebook
  • Youtube
  • Instagram
  • LinkedIn
Call us now: (602) 344 9865
Chelle Law
  • Home
  • Arizona Medical Records Subpoena Attorney
    • Arizona Medical Records Subpoena
      • Does HIPAA Protect Against Subpoenas in Arizona?
      • How Much Can You Charge for Reproduction of an Arizona Medical Record?
      • How to Respond to an Arizona Medical Records Subpoena
      • Purpose of Issuing a Subpoena for Medical Records in Arizona?
      • What is the Arizona Statute for a Medical Records Subpoena?
    • Arizona Medical Records Subpoena from a Board
      • Behavioral Health Professional Response to an Arizona Medical Records Subpoena
      • Nurse Practitioner Response to an Arizona Medical Records Subpoena
      • Psychiatrist Response to an Arizona Medical Records Subpoena
      • Psychologist Response to an Arizona Medical Records Subpoena
      • Responding to an Arizona Licensing Board Subpoena
    • Arizona Medical Records Subpoena in Arizona Civil Actions
      • Are Medical Records Confidential in an Arizona Child Custody Case?
      • Are Medical Records Confidential in an Arizona Divorce Case?
      • Can Medical Records be Subpoenaed in Arizona Child Custody Cases?
      • Can Medical Records be Subpoenaed in Arizona Divorce Cases?
    • Objecting to an Arizona Medical Records Subpoena
    • Subpoena From Arizona Health Regulatory Board
      • Do You Have to Respond to an Arizona Board Subpoena?
      • Responding to an Arizona Behavioral Health Board Subpoena
      • Responding to an Arizona Medical Board Subpoena
      • Responding to an Arizona Nursing Board Subpoena
      • Responding to an Arizona Psychology Board Subpoena | Psychologist Respond
      • Who Can Be Served a Subpoena by an Arizona Licensing Board?
  • Our Attorneys
  • Results
  • Contact Us
  • Search
  • Menu Menu

Purpose of Issuing a Subpoena for Medical Records in Arizona?

What is the purpose of issuing a subpoena for medical records in Arizona? In short, a subpoena is a way to enforce or compel the production of a document that someone may not want to give up.

Four Primary Sources that Can Issue Subpoenas for Medical Records

And as I’ve said in previous blogs, in Arizona, there are a few valid ways that someone can issue a subpoena for medical records. And obviously, if the patient consents to give up the medical record by the provider, if it’s issued from a grand jury in a criminal proceeding, or if it’s issued from a court or from a healthcare regulatory board.

Those are the four primary sources that can issue subpoenas for medical records. Now, let’s say you’re a healthcare provider, and you get a request for medical records for a patient from an attorney that doesn’t have the patient’s authorization.

A Subpoena Cannot be Contested

You don’t know this attorney, they’re not stating what the record is for, and there’s no subpoena. You don’t have to give them the record. If it’s accompanied by court order, by patient consent, by a board, or by a grand jury, then obviously, you have to provide the document no matter what your objection is. Now, there are some objections to requests for medical records from providers if they feel like there is danger, but you cannot give those objections if it’s through a subpoena. So, just to clarify if you get a request to produce a medical record.

Even if the subpoena is accompanied by a patient’s consent or authorization, there are some caveats that can be made by the healthcare provider if they believe giving up the record could put someone’s life in danger or safety issue with the patient involved in the record. However, none of those objections can be used if you’re given a subpoena. The point of the subpoena is to compel the production of a document that may not necessarily be given up freely if it didn’t have the subpoena attached to it. Pretty simple.

How does one respond to a medical records subpoena in Arizona?

First and foremost, medical practitioners must ensure they have the written authorization of a patient or the patient’s healthcare decision-maker before releasing the records. The release of records without the patient’s consent can only be done when it is ordered by a court or a law requirement (such as the HIPAA Privacy Rule). Persons that receive the records cannot disclose them to other third parties unless the patient consents in writing or re-disclosure are granted by law.

General HIPAA requirements for subpoenas

  • Signature verification. A subpoena will only have a force of law if it is signed by a registered legal practitioner; Court subpoenas have to be signed by judges. Court-order subpoenas have a higher jaw force, and they cannot be objected to.
  • Subpoenas have to be specific. While seeking medical record information, the subpoena has to request specific information. The requirement is so that there is a minimal release of records to fulfill a subpoena.
  • HIPAA requires that the patient is given sufficient notice. There is a minimum Necessary Standard outlined in the privacy rule. The patient can therefore decline a subpoena but not a court order.

HIPAA Privacy Rule

It is a national rule that protects individual medical information and records that sets limits on the uses that may be made of such disclosure without a patient’s clearance. It gives individuals a right to obtain their health records, direct an entity to disclose them to third parties, and request any corrections. In Arizona, HIPAA guards against subpoenas by presenting conditions that must be met before medical records are released.

  1. For subpoenas issued by a judge or magistrate, the medical practitioners must comply with the information demanded, or attract fines.
  2. For subpoenas issued by grand juries, the practitioner must strictly comply with its terms. Since grand jury proceedings are confidential, HIPAA does not require additional protections.

For subpoenas issued by an attorney, the practitioner has to meet the following conditions:

  1. The practitioner should contact the patient orally or by letter, explain that they have received a subpoena requiring disclosure of the patient’s information, and notify the patient that they are required to respond unless the patient quashes the subpoena and notifies the practitioner before the deadline for responding to the subpoena. Once the practitioner sends such notice, the burden is on the patient to reject the subpoena if they want to protect their personal information
  2. The practitioner may obtain written assurances from the entity issuing the subpoena that either: 

(a) the entity made a good faith attempt to give the patient written notice of the subpoena, the notice included sufficient information to permit the patient to object to the subpoena, and the time for raising objections has passed, or the court ruled against the patient’s objections, or 

(b) the parties have agreed on a protective order, or the entity seeking the information has filed for a protective order. (45 C.F.R. § 164.512(e)(1)(iii)-(iv)).

  1. Or the practitioner may obtain a valid HIPAA authorization executed by the patient. To be valid, the authorization must contain the elements and statements required by 45 CFR § 164.508.

If the practitioner cannot satisfy one of the above, they may not disclose protected health information, nor may they ignore the subpoena without subjecting themselves to possible contempt sanctions. The practitioner may need to appear in response to the subpoena, assert an objection based on HIPAA, and wait for the court to order disclosure.

Subpoenas are issued by attorneys in Arizona to obtain patients’ records for use in personal injury claims, medical malpractice claims, or any other kind of civil lawsuit or even a criminal suit.

Call Us Now: 602.344.9865

Contact Us

If you are in need of assistance or would like to hear more about the services we offer contact Chelle Law today!

Links of Interest

  • Home
  • Arizona Medical Records Subpoena Attorney
    • Arizona Medical Records Subpoena
    • Arizona Medical Records Subpoena from a Board
    • Arizona Medical Records Subpoena in Arizona Civil Actions
    • Objecting to an Arizona Medical Records Subpoena
    • Subpoena From Arizona Health Regulatory Board
Excellent
Based on 201 reviews
Google
ochikes
ochikes
2023-06-08
Very professional, courteous, quick response, and a Positive outcome with the Board of Nursing. Case dismissed!!! I am glad I contacted Chelle Law. I highly recommend Chelle Law, thank you, Katrina and the entire team. A special thank you to Mr Robert.
Linda Stover
Linda Stover
2023-06-07
Excellent service - fully recommended!!
Psychic Medium
Psychic Medium
2023-06-06
I cannot say enough amazing things about this team! I came in for some clarification on my documents for an application process. I left knowing exactly what I needed to do & feel SO MUCH better about it all. It really pays to have professionals like these help guide you. Also their YouTube videos are incredibly helpful! 10/10
Elani Dodd
Elani Dodd
2023-06-04
I found Chelle Law when looking for a team to review my contract for a nurse practitioner job. I highly recommend the team. The office was quick to answer questions and respond to my emails. Scheduling & payment was simple and straightforward. The hour-long phone meeting with Erin was extremely helpful. Worth the cost. Having someone who understood the legal terms and could clearly help me understand the contract was refreshing. I appreciated her willingness to compare each section against industry norms and make recommendations for negotiations. The post call summary was promptly sent and most helpful - worded in first person to improve my negotiations with my employer.
Gary Miyasaki
Gary Miyasaki
2023-06-03
I had detailed questions about my physician contract. I found Chelle Law through YouTube and realized their team would help me best. Erin was very thorough, patient, and helped answer all my questions. I felt confident about my options after being consulted. Would highly recommend!
vladymir gratia
vladymir gratia
2023-06-03
They reached out back to me fairly quickly and they walked me through the process step by step supplying clear explanations along the way and providing sound advice throughout the entire process. Thank you.
Esmeralda Jonko
Esmeralda Jonko
2023-06-02
Chelle law certainly deserves 5 stars. Working with Katie and Erin was suchba flawless process. Erin did a wonderful job explaining my contract review and Katie explained the entire process to me. Everyone responded to me in a timely fashion. Working with Chelle law was worth every penny. Thank you!
Christine Fernandez
Christine Fernandez
2023-06-01
Great service! Will definitely use them again.
Stacy Lusher
Stacy Lusher
2023-05-25
Amazing All around. They stay on top of everything and keep you updated 100% of the time.
manjusha k
manjusha k
2023-05-17
Great experience with Renne Osipov.Reviewed entire contract in detail.Very professional.

Call Us Today!

602.344.9865

Hours/Office

Monday-Friday: 8:00am-5:00pm (MST/MDT)

Chelle Law 5425 E. Bell Rd, Ste 107

Scottsdale, AZ 85254

Contact Us Today!

5425 E. Bell Rd, Ste 107, Scottsdale, AZ 85254

info@chellelaw.com

Practice Areas

  • Professional Licensing Board Defense
  • Medical Contract Lawyer
  • Administrative Appeals & Hearings
  • Medical Contract Drafting
  • Fingerprint Card Attorney

Office Locations

  • Arizona
  • Indiana

Company

  • Robert S. Chelle, Esq. Founder & CEO
  • Sara Stark, Esq. Attorney
  • Erin Howlett, Esq. Attorney

Resources

  • Blog
  • Contact Us
  • Sitemap

Follow Us

© 2023 Chelle Law. All rights reserved.  Disclaimer & Terms of Use.  Privacy Policy.

Scroll to top

How Much PTO Should a Physician Get Download



How Much PTO Should a Physician Get?

4 Factors to Consider with PTO

How Much Does Tail Insurance Cost Download

How Much Does Tail Insurance Cost for a Physician?

4 Key Aspects of Tail Insurance for Physicians

Physician Contract Review Checklist

Where Should We Send the Physician Contract Checklist?

28 Essential Physician Contract Terms to Put You in a Positive Financial Situation for Years to Come.