Assignment: Healthcare administrator HIPAA: Responding to Subpoenas, Orders, and Administrative Demands
Assignment: Healthcare administrator
Assignment: Healthcare administrator
Permalink: https://collepals.com/assignment-descr…oena-duces-tecum/
Assignment: Describe the immediate responsibility as a healthcare administrator in an organization when you receive a subpoena duces tecum
Short Answer 3
Describe the immediate responsibility as a healthcare administrator in an organization when you receive a subpoena duces tecum. (1–2 paragraphs)
Your Response
Enter your response here
Rubric
0
Not Present |
1
Needs Improvement |
2
Meets Expectations |
3
Exceeds Expectations |
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Sub-Competency 1: Analyze medical ethical issues and legal concepts. |
Learning Objective 1.3:
Describe responsibilities related to receiving a subpoena duces tecum. |
Description of immediate responsibilities is missing. | Response inaccurately or incompletely describes the immediate responsibilities of a healthcare administrator related to receiving a subpoena.
Response offers little or no information related to appropriate decisions regarding release of information. |
Response accurately describes the immediate responsibilities of a healthcare administrator related to receiving a subpoena.
Response offers information related to appropriate decisions regarding release of information. |
Response demonstrates the same level of achievement as “2,” plus the following:
Response provides an authentic and succinct example that illustrates the responsibilities of a healthcare administrator related to receiving a subpoena duces tecum. |
HIPAA: Responding to Subpoenas, Orders, and Administrative Demands
by Kim Stanger, Holland & Hart LLP
The HIPAA privacy rules (45 CFR § 164.501 et seq.) generally prohibit healthcare providers (“Providers”) from disclosing protected health information pursuant to subpoenas and other government demands unless certain conditions are satisfied. This outline summarizes HIPAA rules for responding to such demands. To the extent there is a more restrictive state or federal law that applies in a particular case, the more restrictive law will usually control.
SUBPOENA, COURT ORDER, WARRANT, OR ADMINISTRATIVE DEMAND. If a Provider receives a subpoena, court order, or warrant that requires the disclosure of protected health information, the Provider should do the following:
- If the Provider is named as a party (e.g., the plaintiff or defendant) in the action, the Provider should immediately notify its legal counsel.
- The Provider should determine if the court or agency issuing the subpoena or order has jurisdiction over the Provider. As a general rule, state courts or agencies only have jurisdiction over entities located or operating within their state. Subpoenas issued across state lines are generally unenforceable; the subpoena must be issued by a court within the state in which the Provider is located. Similarly, subpoenas issued by a federal court from another state are generally unenforceable against the Provider. If the court or agency that issued the subpoena or order does not have jurisdiction over the Provider, the Provider is not obligated to respond to the subpoena or order. If there is any question about whether the court or agency has jurisdiction, the Provider should contact its legal counsel or the entity issuing the subpoena or order to confirm its jurisdictional authority.
- If the court or agency has jurisdiction, the Provider’s response will depend on the type of entity issuing the subpoena, order, warrant or demand as described below.
- Court Order, Warrant, or Subpoena Signed by a Judge or Magistrate. If the order, warrant, subpoena, or summons is issued by a court (i.e., signed by a judge or magistrate) or an administrative tribunal, the Provider should strictly comply and disclose the information expressly authorized by the order, warrant, subpoena, or demand. (45 CFR § 164.512(e)(1)(i) and (f)(1)(ii)). Failure to do so may result in fines or penalties against the Provider.
- Grand Jury Subpoena. If the subpoena is issued in a grand jury proceeding, the Provider should strictly comply with its terms. Grand jury proceedings are confidential, so HIPAA does not require additional protections. (45 CFR § 164.512(f)(1)(ii)).
- Subpoena Signed by Court Clerk, Lawyer, Prosecutor, or Other. If the subpoena or other lawful process is signed by a person other than a judge, magistrate, or administrative tribunal (e.g., it is signed by a lawyer, prosecutor, court clerk, etc.), the Provider may not disclose information unless and until it satisfies one of the following:
- The Provider should contact the patient orally or by letter, explain that the Provider has received a subpoena requiring disclosure of the patient’s information, and notify the patient that the Provider is required to respond unless the patient quashes the subpoena and notifies the Provider before the deadline for responding to the subpoena. (45 CFR § 164.512(e)(1)(vi)). If the Provider does not know the current address of the patient, the Provider should send the letter and a copy of the subpoena to the patient’s last known address and document the same. Once the Provider sends such notice, the burden is on the patient to quash the subpoena if he or she wants to protect the information. A sample letter is attached below.
- Alternatively, the Provider may obtain satisfactory written assurances from the entity issuing the subpoena that either: (a) the entity made a good faith attempt to give the patient written notice of the subpoena, the notice included sufficient information to permit the patient to object to the subpoena, and the time for raising objections has passed or the court ruled against the patient’s objections; or (b) the parties have agreed on a protective order or the entity seeking the information has filed for a protective order. (45 C.F.R. § 164.512(e)(1)(iii)-(iv)).
- Alternatively, the Provider may obtain a valid HIPAA authorization executed by the patient. To be valid, the authorization must contain the elements and statements required by 45 CFR § 164.508.
If for some reason the Provider cannot satisfy one of the foregoing, it may not disclose protected health information, but neither may it ignore the subpoena without subjecting itself to possible contempt sanctions. The Provider may need to appear in response to the subpoena, assert an objection based on HIPAA, and wait for the court to order disclosure.
- Administrative Subpoena, Summons, or Investigative Demand. If the Provider receives an administrative subpoena, summons, investigative demand, or similar process authorized by law, the Provider may comply with the request if the issuing entity confirms: (a) the information sought is relevant and material to a legitimate law enforcement inquiry; (b) the request is specific and limited to the extent reasonably necessary for the purpose of the request; and (c) de-identified information could not reasonably be used. (45 CFR § 164.512(f)(1)(ii)).
- In rare but appropriate cases, the Provider may seek a protective order or move to quash a subpoena, order or warrant. (45 CFR § 164.512(e)). Provider personnel should contact the Provider’s attorney immediately if they believe the Provider should seek a protective order or quash the subpoena.
- In all cases where disclosure is required, the Provider must ensure that it complies with the strict terms of the subpoena, including the scope of the information disclosed and the timing of disclosure. If the subpoena, order or warrant only requires disclosure of written items, the Provider should not disclose the information orally. If the subpoena requires disclosure at a specific time, the Provider should not disclose the information before the deadline without the patient’s consent because doing so may deprive the patient of the opportunity to quash the subpoena.
- The Provider should maintain a copy of the subpoena, order or warrant, and document the facts of the disclosure in the Provider’s disclosure log required by 45 CFR § 164.528.
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