Subpoena Compliance: Releasing Protected Health Information

The purpose of this manual is to provide sufficient background information and specific guidelines for proper and adequate disclosure of information in response to a subpoena duces tecum. Although addressed primarily to the health information practitioner acting as ‘‘custodian of records’‘ in an acute care hospital, it is designed to be equally useful for those who have this responsibility in other health care settings and to individual providers of health care. Where the manual is silent or when there is a situation where further information is needed or where legal action may be required, the health care provider’s legal counsel should always be consulted. This reflects changes in state and federal subpoena regulations since October 1999 including those required as a result of the privacy rule under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) that were implemented in April 2003. In September 2004, the Governor signed A.B. 1249 (effective January 1, 2005) dealing with criminal subpoenas [2004 Stat. Ch.162]. A.B. 1249 makes important changes to the California law regarding the response to subpoenas issued in state criminal proceedings that require the production of business or personal records. A brief description of this new law and revision to current law is included in this publication.

CHIA, 10th edition. September 2004