Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I am looking to speak with someone regarding a grand jury

Customer Question
subpeana and what I can...
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: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
10/6/2016
Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,925
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

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?

Ask Your Own Legal Question
Customer reply replied 1 year 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
Lawyer: Ely, Counselor at Law replied 1 year 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.
Ask Your Own Legal Question
Customer reply replied 1 year ago
it is a grand jury and I can't tell the person who is being investigated, so I can't do that
Lawyer: Ely, Counselor at Law replied 1 year 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:
www.hhs.gov/hipaa/for-professionals/faq/505/what-does-the-privacy-rule-allow-covered-entities-to-disclose-to-law-enforcement-officials/
"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.
Ask Your Own Legal Question
Lawyer: Ely, Counselor at Law replied 1 year 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!
Ask Your Own Legal Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,925
102,925 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

102,925 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I was wondering if the police subpoena cell phone records,
I was wondering if the police subpoena cell phone records, does the person who's records they are getting get notified? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,959 satisfied customers
Trying to find out information on how to subpoena police
trying to find out information on how to subpoena police records in order to serve a defendant … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Is their anyway to find out if my phone has a subpoena on it
Is their anyway to find out if my phone has a subpoena on it or in the process of a subpoena?… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
Was subpoenaed to testify in Grand Jury case, government.
Was subpoenaed to testify in Grand Jury case, government. Defendent pleaded guilty on Monday. Should I have had to testify on Tuesday? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
I was subpoenaed for a deposition under false pretenses. I
I was subpoenaed for a deposition under false pretenses. I had been interviewed by phone several times over a year on a lawsuit one of my former coworkers was bringing because he has lung cancer. We w… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
Is it possible to subpoena cell phone text records without
Is it possible to subpoena cell phone text records without the assistance of an attorney? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
I have received a summons for grand jury duty. The service
I have received a summons for grand jury duty. The service begins for a specific day in Jan 2018. The term for grand jury duty in my county is 4 months--jurors usually serve 2 days a month at least ac… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
Can a judge or lawyer subpoena a voice recording or
Can a judge or lawyer subpoena a voice recording or transcript of phone conversations to obtain evidence? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was subpoena to appear before the grand jury. I submitted
Hello, I was subpoena to appear before the grand jury. I submitted a copy of the subpoena to my employer who in turn investigated that the case on line and mentioned the entire case of my sister being… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
Questions about an FTC Subpoena. Our company is incorporated
Our company is incorporated in NV but the FTC Subpoena office is out of Chicago … read more
JustAnswer
JustAnswer
0 satisfied customers
How do you get selected for a grand jury in PA? nope, just
how do you get selected for a grand jury in PA? JA: Has anything been filed or reported? Customer: nope, just interested in serving on one JA: Anything else you want the lawyer to know before I connec… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
On questions for Grand Jury selection is a settled complaint
On questions for Grand Jury selection is a settled complaint for dept settlement mean I have been a party in a lawsuit? Thanks.… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
229 satisfied customers
I need to know if a grand jury dismissal without prejudice
I need to know if a grand jury dismissal without prejudice in the state of Kentucky can be expunged. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have been summoned to a grand jury duty. My English is not
I have been summoned to a grand jury duty. My English is not very good, can I be excused. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I am summoned to Grand Jury duty and need to find a way to
I am summoned to Grand Jury duty and need to find a way to get excused … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can a State Special Grand Jury Subpoena medical records
Can a State Special Grand Jury Subpoena medical records beyond the state's medical retention requirement? For example, Ohio requires medical records be retained for a period of seven years. Can the AG… read more
Ely
Ely
Counselor at Law
102,925 satisfied customers
I received a summons for a federal grand jury. My brief
I received a summons for a federal grand jury. My brief reading on this says I will have to server 1-2 times a week for 18 months. I am a co-owner of a business and I just can't do that. What are my o… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
Does a grand jury in the state of Georgia have standing to
Does a grand jury in the state of Georgia have standing to compel a corporation in Nevada to present itself toGeorgia … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x