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For Judicial and Admininstrative Hearings, the HIPPA regulations state that "covered entities may disclose protected health information in a judicial or administrative proceeding if the request for the information is through an order from a court or administrative tribunal. Such information may also be disclosed in response to a subpoena or other lawful process if certain assurances regarding notice to the individual or a protective order are provided"
I don't believe that patients that have been called to testify by a former employee meet the standards of this regulation. Do you agree ?
Also, the patients that are being testified are vunerable adults.
I don't believe that patients that have been called to testify by a former employee meet the standards of this regulation. Do you agree ? We'd need to know exactly what type of information he plans to get from them. For example if he wants to ask them to testify that he arrived at work on time on x date - that's not protected health information -that's just regular non-PHI. If he wants them to reveal what medications, dosage etc then that would be PHI that falls under the protection of HIPAA and for which there'd be a need for such court order etc.
Also, the patients that are being testified are vulnerable adults. -- This really goes to whether the patients can knowingly waive their HIPAA rights, assuming that is what they are being asked to do. Or whether they are competent to testify in any hearing. Those would be your two bases to object to their testimony.
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