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socrateaser, Attorney
Category: Personal Injury Law
Satisfied Customers: 38910
Experience:  Retired (mostly)
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A patient of mine has started a law suite against her

Customer Question

A patient of mine has started a law suite against her employer. I received a subpoena (not properly served) from the employer's lawyer for a deposition as well as producing records, HIPPA compliance authorization to follow. My understanding is that I do
not have to obey a subpoena from a lawyer, only from a court which may or may not support this sunpoena. Please advise as to whether I can not go to this lawyer's office.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  socrateaser replied 1 year ago.


An attorney can issue a subpoena which requires a health care provider's attendance, if the attorney provides reasonable assurance that he or she has provided the individual whose protected healthcare information with reasonable notice of the subpoena such that the individual can file an objection with the court, and the notice contains sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court.

Note: without actually reviewing the subpoena and any subsequent notice, it's practically impossible to determine whether or not you must attend the deposition.

Until you receive the obligatory information required by federal regulations, you do not have to attend the deposition.

See generally, 45 C.F.R. § 164.512(e).

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