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QUESTIONS FOR A TEXAS LITIGATION ATTORNEY We are the Country…

QUESTIONS FOR A TEXAS...

QUESTIONS FOR A TEXAS LITIGATION ATTORNEYGood morning,We are the Hill Country Council on Alcohol and Drug Abuse, Inc. located in Kerrville, Texas. We provide treatment and other services such as collecting hair for testing.We are being threatened by an attorney to provide Public Health Information on one of our clients in a custody dispute.Our staff took a hair follicle sample from the client in question and mailed it to our contracted laboratory in Mogadore, Ohio.The client did not sign a release with our facility for the attorney (wanting documents) to have access to their drug test results.The attorney is threating a Subpoena to our facility to obtain this client’s PHI records.I have several questions that I need assistance with.
The facility is protected under the HIPPA and HHS Ruling.Please advise.
Thank you,
Jeannie Stevens
Executive DirectorAt what time does the facility contact the person in question about a request for their PHI records from an attorney’s Court Order?Do I turn over PHI information on client with a subpoena not signed by a Judge?
Do I contact the client in question to let them know I have turned over their documents?Do I turn over PHI information on client with a subpoena not signed by a Judge?How long do I have before turning over PHI information on a client to an attorney?Can an attorney send someone to our facility to make copies of a client’s PHI? What rights does the facility have at this point?Do I contact the client in question to let them know I have turned over their documents?Does the facility have the right to request written documentation from the requesting attorney of their attempts to contact client in question regarding the release of their PHI information?

Lawyer's Assistant: Can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

Not at this time.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not sure

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Answered in 13 minutes by:
9/18/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 124,398
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Law Educator, Esq.
Category: Legal
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Customer reply replied 8 months ago
How do I access your response?
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Thank you for your reply.

You need to tell the attorney that he knows that pursuant HIPAA you need a written release from the patient or a subpoena for the records. Tell them you would gladly cooperate as long as he follows the law.

A subpoena is a court order to produce documents or testimony and it is valid if signed by a court officer (depends on the judge whether it is the judge or their clerks who sign them).

If you get the subpoena, you need to send a copy to the patient and tell them only that you intend to comply with the subpoena unless you get some other court order telling you not to comply. If the patient chooses not to do anything, you need to comply.

The subpoena will state the date by which you need to comply with the subpoena, typically it is going to be at least 5 days, but most attorneys will give 30 days to get the records copied.

You can charge the attorney for the copy of the records and not turn them over until they pay. The costs are outlined at: http://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-241-154.html (copy and paste the link to your browser).

The Attorney cannot come to your facility to make copies without a court order specifying they may do so.

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Customer reply replied 8 months ago
Thank you.

You are welcome

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