HIPAA statute has made subpoenaing a medical witness time and
effort consuming. The statute governs and
supersedes court rules, even when a subpoena comes from a
You need to know, and take,
the proper steps, with the proper paperwork, served with all
HIPAA compliant steps, before a medical witness will testify.
HIPAA Subpoena Process Report gives you:
Checklist for a HIPAA-compliant subpoena process. A real time saver
in drafting and research for you. Plus the detailed checklist lets you
delegate to a legal assistant much of the time-consuming process.
Forms. The "reasonable assurance certificate" and "cover
letter notice to adverse attorney" you need to comply with HIPAA
regulations. (The subpoena will be the one you ordinarily use in the
jurisdiction for other witnesses.)
Time. Don't reinvent the wheel. Gain time; don't waste time.
Confidence. You know the
federal regulations that govern the medical witness in disclosing patient
protected information. When a medical witnesses balks because
he/she is worried about violating HIPAA regulations, you can talk confidently to the medical witness about your compliance with HIPAA.
When you get to court, you do not have to worry that a judge is going to
ask if you have complied with HIPAA regulations in serving the subpoena
on a medical witness. Confidence is a big part of winning, whether at a
deposition or at a trial.
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Here is a sample of the text:
Ten days after the patient's attorney actually received the "cover letter to
patient's attorney" (not when you mailed it out!) you can take the final step of
actually serving the subpoena on the deponent. So after you have received the
return receipt back from the post office, count off the 10 days from the date of
the post office delivery date. That is the date after which you can serve the
You must have these four items served together on the deponent.
- Your reasonable assurance certificate;
- The deponent's copy of the subpoena being served on him/her/it;
- A copy of your cover letter to the patient's attorney; and
- A copy of the post office return receipt showing delivery to the patient's
Here's more good news.
HIPAA Subpoena Process Report pulls lots of information together for you: it is a combined legal
summary, a checklist, and a forms document. It has two major
- Law summary and report on HIPAA requirements; and
- Checklist and forms for HIPAA compliant issuance of a subpoena to obtain
medical information. Includes forms to use for the notice of issuance and
for the reasonable assurance certificate.
guarantee in the forms business." No questions.
No red tape. If you do not agree this product is worth
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It's that quick. You keep our product, but get your money back!
In effect, you can try anything for Free!
If you need testimony or medical records about a patient from a medical witness
or custodian of records, at a deposition or trial, compliance with the court
rules and state statutes is not enough. HIPAA has placed an overlay of
requirements, by statute, that trumps lesser statutes or rules. Doctors, nurses,
hospitals, therapists, laboratories, and any medical provider that wants
Medicare or federal payments knows that. HIPAA compliance by you is not an
option. It's a requirement if you want to subpoena the medical witness for
testimony about the patient or records of patient protected information.
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HIPAA Subpoena Process Report
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