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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 37972
Experience:  Retired (mostly)
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I am an attorney and years ago, we represented a dentist who

Customer Question

I am an attorney and years ago, we represented a dentist who had to provide her calendar with the names of the patients redacted and executed a non-disclosure agreement between counsel.
The issue has come up again, albeit I asked for schedule of surgeries absent any names of patients. Naturally they objected. Where can I find the applicable HIPPA regulation pertaining to these facts and a form to use for discovery purposes?
Thank you,.
Submitted: 8 months ago.
Category: Employment Law
Expert:  socrateaser replied 8 months ago.

Hello,

The federal regulation is found in Title 45 C.F.R. sec. 164.512(e). I don't have a specific form subpoena for Florida. However, there is a useful checklist available at this link. You ought to be able to construct a subpoena using the information provided, if not directly from the federal regulation.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, the website retains your entire payment, and I receive nothing for my efforts in your behalf.

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Expert:  socrateaser replied 8 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise the website retains your entire payment, and I receive nothing for my efforts in your behalf.
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Customer: replied 8 months ago.
This is not about Employment Law. It concerns HIPPA and discovery with an agreement between counsel on confidentiality.
Expert:  socrateaser replied 8 months ago.

Hello again,

Applicability of the cited regulation is found in 45 C.F.R. 164.500(a): "Except as otherwise provided herein, the standards, requirements, and implementation specifications of this subpart apply to covered entities with respect to protected health information."

Section 164.512(e), on its face, is not restricted to employment law matters. The section provides the precise requirements in order to issue a valid subpoena for protected health care information for any "judicial or administrative proceeding."

The checklist that I provided does refer to California employment issues. However, the checklist was provided merely as an outline of what's required for the several described means of validly obtaining discovery of protected healthcare information under HIPAA.

Maybe this will help. Here is an article from the Florida Bar, which discusses the issue -- and which refers to 45 C.F.R. 164.512(e) as the means to obtain discovery in a judicial or administrative proceeding. And, here is an administrative order from the Sixth Circuit which provides a form order that you may modify to file a motion for court ordered discovery.

I hope this helps clarify the issues for you. Thanks again for using Justanswer!

Expert:  socrateaser replied 8 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

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