Day Pitney attorney Susan Huntington's client advisory that was previously mentioned here was expanded for a March 26 article in Law360 titled "Another Reason To Be Careful With Med. Records Subpoenas." The article points out that healthcare providers cannot assume that HIPAA permits them to release medical records in response to a subpoena. To avoid risking a lawsuit by the patient and possible damages for negligence and emotional distress under state law, in addition to a possible federal action for violating HIPAA, a provider should check with its healthcare counsel before turning over any protected health information, even to a court.
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