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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hello, This question is related to previous background.

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This question is related to previous background. But I just have a bit update.
The judge did entered a default judgement after the defendant failed to respond by the deadline. According to plaintiff's attonrey,
As he said the next hearing will be about whether warning order attorney served properly or not. In the mean time, the plaintiff is preparing for evidence for normal hearing if the court accept Defendant's reason and vacate the default.
The plaintiff has to get medical record in his office. Per HIPPA regulation, the records cannot taken out of the office. Can the plaintiff's attorney subpoena to get such records bearing patient's name and membership#? What procedure has to be followed to avoid HIPPA violation? Can the record be mailed/fax to plaintiff's attorney or he has to go there to pick up and make a copy?
Thank you for your new question and update on the issue.

Great news on getting the default judgment. I do not think the judge would buy the defendant's argument as KY has one of the most strict procedures for this type of situation and you followed it to the tee.

Under HIPAA a medical record can be released and sent to the Plaintiff in response to a lawful subpoena. All you need to do is request the information by subpoena and need good cause as to why the record is necessary and it is up to the patient to try to object as it is their right under HIPAA.

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Customer: replied 4 years ago.

Some of the records are in plaintiff's office. Does plaintiff's attorney has to write something like a subponea statement? Does the patient have to be notified before or after the record be sent? Some records may be three years ago and the patients might have moved.

Thank you for your response.

The plaintiff cannot subpoena himself. If the plaintiff has legal reason and justification to use the information in a legal court action, this too is an exception to HIPAA. You cannot subpoena the patient because the patient does not have possession of the record. You can use the record in a court case as an exception to HIPAA.
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