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Life Pack 12
 HIPAA Compliance Checklist – Subpoena When a Subpoena
or Order is used to request production of records use track 1) or 2) below, depending on the type of document used. 1) Court Order or Subpoena
Signed by Judge 45 CFR 164.512(e)(1)(i) An order or subpoena signed
by a judge of a court or administrative tribunal requires no further assurances or notification to the individual. The signature
can be a stamp of the judge’s signature. Workers' Compensation Appeals Board subpoenas are always signed by a judge.
Civil subpoenas are usually signed by an attorney. Court
Order or Subpoena Signed by Judge 45 CFR 164.512(e)(1)(i) An order
or subpoena signed by a judge of a court or administrative tribunal requires no further assurances or notification to the
individual. The signature can be a stamp of the judge’s signature. Workers' Compensation Appeals Board subpoenas
are always signed by a judge. Civil subpoenas are usually signed by an attorney.Or… 2)
Subpoena or Discovery Request Signed by Attorney 45 CFR 164.512(e)(ii) Further assurance is necessary by either
track A or
B below: Subpoena or Discovery Request Signed by Attorney 45
CFR 164.512(e)(ii) Further assurance is necessary by either track A or
B below:A. NOTICE 45
CFR 164.512(e)(ii)(A). Notice can be satisfied by proof of service of either i) a Notice To Consumer form or ii) Declaration: NOTICE 45 CFR 164.512(e)(ii)(A). Notice can be satisfied by proof of service of either i) a Notice To Consumer form or ii) Declaration:i. Proof of service showing that the individual (or his/her attorney) was served a copy of the subpoena or discovery request
and a reasonable time to object has expired. A Notice To Consumer document under CCP 1985.3 satisfies this requirement. "Reasonable time" to object is not defined
by the HIPAA code. Proof of service showing that the individual (or his/her attorney) was served a copy of the subpoena or discovery request
and a reasonable time to object has expired. A Notice To Consumer document under CCP 1985.3 satisfies this requirement. "Reasonable time" to object is not defined
by the HIPAA code.Or… ii. Declaration
45 CFR 164.512(e)(iii). A declaration by the requesting party
showing that reasonable efforts have been made by such party to ensure that the individual who is the subject of the protected
health information that has been requested has been given notice of the request. The declaration must establish: Declaration 45
CFR 164.512(e)(iii). A declaration by the requesting party showing that reasonable efforts have been made by such
party to ensure that the individual who is the subject of the protected health information that has been requested has been
given notice of the request. The declaration must establish: 45 CFR 164.512(e)(iii)(A). The party requesting such
information has made a good faith attempt to provide written notice to the individual (or, if the individual’s location is unknown, to mail a notice
to the individual’s last known address), and; 45 CFR 164.512(e)(1)(iii)(B). The notice
includes sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise
an objection to the court or administrative tribunal, and; 45 CFR 164.512(e)(1)(iii)(B). The time for the individual to raise objections to
the court or administrative tribunal has elapsed,
and; No objections were filed; or
all objections filed by the individual have been resolved by the court or the administrative tribunal and
the disclosures being sought are consistent with such resolution.
45 CFR 164.512(e)(iii)(A). The party requesting such information has made a good faith attempt to provide
written notice to the individual
(or, if the individual’s location is unknown, to mail a notice to the individual’s last known
address), and; 45 CFR 164.512(e)(1)(iii)(B). The notice includes
sufficient information about the litigation or
proceeding in which the protected health information is requested to permit the individual to raise an objection to the court
or administrative tribunal, and; 45 CFR 164.512(e)(1)(iii)(B). The time
for the individual to raise objections to the court or administrative tribunal
has elapsed, and;
No objections were filed; or all objections filed by the individual have been
resolved by the court or the administrative tribunal and the disclosures being sought are consistent with such resolution.Or… B. QUALIFIED PROTECTIVE ORDER 45 CFR 164.512(e)(1)(ii)(B) QUALIFIED
PROTECTIVE ORDER 45 CFR 164.512(e)(1)(ii)(B)
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