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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35309
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I have just received a subpoena from an attorney regarding

Customer Question

Hello! I have just received a subpoena from an attorney regarding one of our AT&T business lines. We work in healthcare, so obviously my first thought is HIPAA. If I go along with the subpoena, I will be agreeing to give hundreds of phone numbers to an attorney in a family law case / divorce. I would then knowingly put myself into a HIPAA breach by allowing the phone number, which is valid PHI (Protected Health Information) to be given to an attorney in a family law matter. I have read that I need to 'Quash' and/or file a motion for protection order. Any thoughts?
Submitted: 2 months ago.
Category: Family Law
Expert:  LawTalk replied 2 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

You are correct. You need (or perhaps more correctly stated, your company must hire an attorney) to file a Motion to Quash the subpoena or limit the subpoena to non-protected documents and information based on federal HIPAA law. The judge will not be able to legally order that you violate federal HIPAA law in your response to the subpoena.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 2 months ago.
Hi Doug,
Thank you so much for your response! I appreciate your help. Can you please help me with understanding what kind of attorney I should be looking for and then what a reasonable amount of time would be to have a Motion to Quash completed in? Thanks Doug :)
Customer: replied 2 months ago.
Also, if I want to limit, what is that motion called?
Expert:  LawTalk replied 2 months ago.

Hi,

You need an attorney who is very familiar with HIPAA regulations. Look for an attorney/firm that handles health care law.

The motion to quash is still the right one to file. The attorney will argue for a limitation on what must be disclosed if the court will not quash the subpoena entirely.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 2 months ago.
Is there a form that I should look for to fill out a motion to have an attorney review it? What type of attorney would I specifically look for (family law/business law, etc)?
Expert:  LawTalk replied 2 months ago.

Hi,

A Motion to quash is NOT a form that you fill out but an original pleading. Hire an attorney. In fact if your company is a corporation or an LLC you MUST, under the law, use an attorney.

Because this is a HIPAA issue, you will want o retain a Health Care Law attorney to assist you. Most large law firms have someone on board that is HIPAA savvy.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

You may of course reply back to me and I will be happy to continue to assist you further.

I wish you well,

Doug

Expert:  LawTalk replied 2 months ago.

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Expert:  LawTalk replied 2 months ago.

Hi,

Is there anything else I can assist you with today?

Doug