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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102145
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am looking to speak with someone regarding a grand jury

Customer Question

i am looking to speak with someone regarding a grand jury subpeana and what I can give and can't. This is for mental health in the st of IL.
JA: Because laws vary from place to place, can you tell me what state the subpoena was issued in?
Customer: IL
JA: Has anything been filed or reported?
Customer: from me no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Legal
Expert:  Ely replied 9 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.

What can I answer for you specifically about the subpoena process, please?

Customer: replied 9 months ago.
I am in the medical field and received a grand jury subpoena to provider HPI for a provider that I do medical billing for who is a mental health provider. Can I send the information they are asking which is EVERYTHING this provider ever send me
Expert:  Ely replied 9 months ago.
HIPAA makes exceptions for a subpoena.
A HIPAA-covered provider or plan may disclose information to a party issuing a subpoena only if the notification requirements of the Privacy Rule are met. These are:
-Notify the person who is the subject of the information about the request, so the person has a chance to object to the disclosure, or
-Seek a qualified protective order for the information from the court.
See See 45 C.F.R. § 164.512(e).
Then, assuming neither are successful (the person does not file a motion to quash before the due date and/or your motion to quash/for protection fails), then the PHI may be provided as requested in the subpoena.
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.
Customer: replied 9 months ago.
it is a grand jury and I can't tell the person who is being investigated, so I can't do that
Expert:  Ely replied 9 months ago.
No problem. If the special type of subpoena disallows contact with the individual, then there IS no notice to be given. Then, one can simply comply with the subpoena. If so, then HIPAA makes an exception:
"The Rule permits covered entities to disclose protected health information (PHI) to law enforcement officials, without the individual’s written authorization, under specific circumstances summarized below ... To comply with a court order or court-ordered warrant, a subpoena or summons issued by a judicial officer, or a grand jury subpoena. The Rule recognizes that the legal process in obtaining a court order and the secrecy of the grand jury process provides protections for the individual’s private information (45 CFR 164.512(f)(1)(ii)(A)-(B)).
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 9 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!