In observing the rules and regulations for accepting subpoenas and following through, the information you obtain is what is ordered by the courts. When you accept a subpoena, you need to observe what the subpoena says and what the courts are looking for. In the subpoenas, they will tell you what part of the medical record is needed, the date that needs to be complied by, and who is to receive the record. In some cases, the medical records may need to be fully copied from front to back and in other case the medical record may only want some specific information. When you comply by the subpoena orders, you must always remember to call you patient and advise them that their records have been subpoenaed and also put a note in their file stating the records have been subpoenaed.
You need to make sure that you review all progress notes, nurses’ notes, dictated reports, consultation reports, lab reports, billing records and if there are any other records or notes that need to be observed also so that all the necessary report is sent with the subpoena.
They say you can fax the paperwork to the person requesting the subpoena but it has to be faxed in a private room and only the personnel requesting the paperwork can receive it. Therefore, to be on the safe side, I would send the paperwork that has been subpoenaed to the person requesting the paperwork beings this is confidential information and it does not need to be in any other person’s hands.
According to the HIPAA, if too much information is disclosed, it is a violation and against the patient’s privacy and disclosing too little is a violation also. Make sure you do whatever the subpoena asks and do not disclose any more or any less info.