Chief Compliance and Ethics Officer Health Care

subpeonas and court orders

  • 1.  subpeonas and court orders

    Posted 04-15-2019 02:12 PM
    Can anyone tell me where they store subpoenas and court orders for patient medical records and/or we even have some calling for Providers as a witness? Do you store these in a separate file or in the patient's electronic medical record?

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    Savannah Knuettel
    Compliance Officer
    Galen Medical Group
    Hixson,TN

    The views expressed herein are my own and do not represent those of my employer or clients. They are not meant to constitute legal advice or create an attorney-client relationship.
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    2019 HCCA Compliance Institute


  • 2.  RE: subpeonas and court orders

    Posted 04-15-2019 02:51 PM
    I believe we have a "legal" section of the chart where subpoena's are stored.

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    David Garrison
    Compliance/Privacy Officer
    SEARHC
    Juneau,AK
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    2019 HCCA Compliance Institute


  • 3.  RE: subpeonas and court orders

    Posted 04-15-2019 03:05 PM
    David,
    Ok that is helpful. Do you release these court orders and subpoenas to the patient if they request their entire medical record?

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    Savannah Knuettel
    Compliance Officer
    Galen Medical Group
    Hixson,TN

    The views expressed herein are my own and do not represent those of my employer or clients. They are not meant to constitute legal advice or create an attorney-client relationship.
    ------------------------------

    2019 HCCA Compliance Institute


  • 4.  RE: subpeonas and court orders

    Posted 04-15-2019 03:09 PM
    No, since they are not used to make health care decisions about the patient.

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    David Garrison
    Compliance/Privacy Officer
    SEARHC
    Juneau,AK
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    2019 HCCA Compliance Institute


  • 5.  RE: subpeonas and court orders

    Posted 04-15-2019 03:26 PM
    ​David, just as a word of caution , and C&C, the definition for a Designated Record Set states "..... make decisions." not "healthcare decisions"; so although we always default to the healthcare piece because that is our business, it could be argued that the DRS includes any info used to make any decisions.

    Best

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    David Rothery, CHC
    Compliance Officer
    Marin County, CA


    These are my personal opinions and not those of the County of Marin
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    2019 HCCA Compliance Institute


  • 6.  RE: subpeonas and court orders

    Posted 04-15-2019 03:58 PM
    Thanks, David.  Yes, it's decisions.

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    David Garrison
    Compliance/Privacy Officer
    SEARHC
    Juneau,AK
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    2019 HCCA Compliance Institute