Deposition and Discovery Checklists, Trial Forms, Litigation Forms, and Trial Notebook!

The federal 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 court!

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 deponent.

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 attorney.

Here's more good news.

Library wall of forms to choose 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 divisions:

  1. Law summary and report on HIPAA requirements; and
  2. 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.

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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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