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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102143
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have been issued a subpoena for phone records, but I am a

Customer Question

JA: Hello. What seems to be the problem?
Customer: I have been issued a subpoena for phone records, but I am a medical provider I am concerned that this will divulge HIPAA / PHI in a civil matter having nothing to do with the individuals / patients how can I protect the clients and not breach hippa? *hipaa
JA: Because laws vary from place to place, can you tell me what state the subpoena was issued in?
Customer: sure, and thank you SC Greenville, SC
JA: Have you talked to a laywer yet?
Customer: I spoke with an attorney who told me that this was not his area of specialty and that I should file a motion for protection order I'm a business guy and have no idea how to 'quash' or file motions. :)
JA: Anything else you want the lawyer to know before I connect you?
Customer: this is from a family law case subpeona'ing a company cell phone in a divorce jealous husband patient information
Submitted: 10 months ago.
Category: Family Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

HIPAA provides an exception to subpoenas. See HERE. However, the subpoenaed party must be sure to include only what the subpoena is asked for, and nothing else. If so, then there is no HIPAA liability.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 10 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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