When a process server has a subpeona can he enter my garage and leave the papers on the door to the house inside of my garage?Can a process server give the papers of a subpeona to my receptionist in a professional practice? He did not have the papers in an envelope and when I arrived my employees were reading the subpeona. He did not have them sign. Is this a violation of HIPPA which protects privacy?
State/Country relating to question: Ohio
I tried getting answers online but what I found is not clear, but it appears that he violated the proper protocol.
No, the process server was trespassing by entering your garage - that it NOT proper service of process.Explain the subpoena and what happened with the receptionist.Suit was already filed - this is just about service of a subpoena - correct?Law Pro41106.935334838
Yes, the suit was already filed and I knew by email about the papers. So there is no question about the subpeona or being served. My question is more related to HIPPA violations. He did not have the papers sealed in an envelope and my receptionist was reading them since it was just open papers and no cover sheet or anything. Being in the medical field we have to take all kind of precautions so that peoples medical records are not disclosed etc. I am wondering why the same rules would not apply here. My receptionist should not have had the ability to know what the papers were all about and would not have been able to read them had they been sealed properly.
Because the medical records were related to a decedent estate involved in litigation - HIPPA does not apply.Moreover, the attorney nor their law office is not a medical service provider which HIPPA applies too.Only the decedent would have a cause of action for an invasion of privacy which wouldn't be applicable.Moreovedr, covered entities are defined in the HIPAA rules as (1) health Plans, (2) health care clearinghouses, and (3) health care providers who electronically transmit any health information in connection with transactions for which HHS has adopted standards. Generally, these transactions concern billing and payment for services or insurance coverage. For example, hospitals, academic medical centers, physicians, and other health care providers who electronically transmit claims transaction information directly or through an intermediary to a health plan are covered entities. Covered entities can be institutions, organizations, or persons.Please don't forget to rate my answer 3 or higher so that I receive credit for assisting you today. Need more help? Reply below with more questions.
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
If HIPPA does not apply, is it proper service to just give anyone the papers and not have them sign for them? I always received such papers in the past in a sealed envelope. It just seems to me that the server is not following proper protocol and is not performing the rules of service, but I do not know the rules and as of yet have not been able to find them. Maybe you could answer the question and tell me where to find the rules that establish what proper service really is. ,
I need more help. I guess what I want to know pertains to what is proper service? When he left the papers with mt receptionist they were not in an envelope and he did not ask her to sign anything. He did not even ask if I was there. He just said what is your name and I have some papers for you. I am trying to find the regulations that will spell out what proper service consists of but have not found them as of now but will keep looking. If you have the answer then feel free to respond or if you know where they are located that would also help. Thank you
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