Judges can request medical records at any stage of the process. They can also request medical records previously cited by an attorney if the medical records have been obtained through a deposition summons and are not admissible in court. CPLR §2302 (a) specifically requires that a subpoena to compel a patient to submit medical records maintained pursuant to article 33.13 of the MHL must be accompanied by a court order. It's important to respond correctly when medical records are cited, as incorrect answers can result in HIPAA violations.
In response to the question, can medical records be cited? The answer is yes because all types of records can be cited. He specializes in legal and regulatory issues in the healthcare industry, and has several years of experience writing about HIPAA and other related legal topics. Consequently, expert and specialized legal advice is needed for the specific circumstances of each citation, and healthcare providers and administrators should always obtain legal advice before responding to a subpoena to obtain medical records. For example, a subpoena requesting medical records related to a substance use disorder is not valid unless accompanied by a signed court order authorizing the disclosure.
Legal advice on HIPAA citations for medical records should be sought before disclosing any protected health information. Section 18 (e) of the Public Health Act allows a health care facility or health professional to impose a reasonable charge for copying, not to exceed 75 cents per page. Records containing HIV-related information, for example, may only be released pursuant to an order from a court of registration of the competent jurisdiction pursuant to Public Health Act (PHL) §2785 (or a specific publication developed or approved by the Department of Health in accordance with 10 NYCRR). 63.5 (a).
If the hospital or medical provider that holds the requested documents discloses the requested medical records pursuant to the duces tecum subpoena, the party issuing the citation may submit the records as evidence at a hearing before a workers' compensation law (WCLJ) judge. Due to recent amendments to the Civil Practice Act and Regulations (CPLR), the Board will clarify procedures for citing medical records in workers' compensation proceedings. If the subpoena is signed by a judge or magistrate, has been issued as part of an administrative court or a summons before a grand jury, the request must be complied with and medical information must be provided, although it is possible to object in writing to the court specifying the reasons for the objection. If HIV-related records or records from the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities are finally released pursuant to a court order, the parties may inspect the records and may declare them as evidence at a hearing before a WCLJ.
If the hospital or medical provider that holds the requested documents refuses to comply with the terms of the court order and to disclose those medical records, one of the parties may request the execution of the court order. This type of citation is commonly used in civil cases for filing medical records by mail or delivery by mail; however, it can also be used to require a person to hand over the records for a statement or court proceeding.