You supervise the correspondence
unit of the health information services department of a medical center. Today,
you received a subpoena duces tecum from an attorney, demanding either the
originals or copies of all health records concerning Mary Smith, who allegedly
is or was a patient of the medical center. The subpoena lacks sufficient
information for you to determine whether Mary Smith is or was a patient in your
facility. The subpoena is not accompanied by a valid authorization to release
information for Mary Smith, as required in your state. How should you respond
to the subpoena?
Expert Solution Preview
Introduction: As a medical professional responsible for supervising the correspondence unit of a health information services department, it is important to respond appropriately to subpoenas demanding health records of patients.
Answer: In response to the subpoena duces tecum lacking sufficient information and a valid authorization to release information, it is crucial to consult with your legal counsel or compliance officer before taking any action. Providing health records without following proper legal procedures could lead to violations of patient confidentiality laws and potentially result in legal consequences for the medical center. It is important to ensure that all legal requirements have been met and that patient confidentiality and privacy are protected before releasing any health records.