Responding to a subpoena

Pharmacy records containing protected health information (PHI) often play a crucial role in a wide range of legal proceedings. Those in need of obtaining these records may seek them through a subpoena, other lawful process such as a notice of deposition, or an order of the court or administrative tr...

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Bibliographic Details
Published in:Drug Topics 2003-07, Vol.147 (14), p.41
Main Author: Fitzgerald, Walter L
Format: Magazinearticle
Language:English
Subjects:
Disclosure
Drug stores
Health Insurance Portability & Accountability Act 1996-US
Medical records
Pharmacy
Privacy
State court decisions
Subpoenas
Tribunals & commissions
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Summary:Pharmacy records containing protected health information (PHI) often play a crucial role in a wide range of legal proceedings. Those in need of obtaining these records may seek them through a subpoena, other lawful process such as a notice of deposition, or an order of the court or administrative tribunal with jurisdiction over the proceeding. HIPAA permits a covered entity to disclose PHI in the course of any judicial or administrative proceeding in response to an order of the court or administrative tribunal, provided that the covered entity discloses only the PHI expressly authorized by the order. Before disclosing PHI pursuant to a subpoena or other lawful process, a pharmacy must ensure that the HIPAA requirements are fulfilled. If ever uncertain about disclosing PHI for a legal proceeding, seek counsel before you proceed.
ISSN:0012-6616
1937-8157