Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
An attorney can issue a subpoena which requires a health care provider's attendance, if the attorney provides reasonable assurance that he or she has provided the individual whose protected healthcare information with reasonable notice of the subpoena such that the individual can file an objection with the court, and the notice contains sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court.
Note: without actually reviewing the subpoena and any subsequent notice, it's practically impossible to determine whether or not you must attend the deposition.
Until you receive the obligatory information required by federal regulations, you do not have to attend the deposition.
See generally, 45 C.F.R. § 164.512(e).
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