Does a subpoena mean a nurse practitioner must release a patient's record?

Does a subpoena mean a nurse practitioner must release a patient's record?

A nurse practitioner asks whether she is obligated to release all or part of a patient's medical record when she receives a subpoena for records. In some cases, the subpoena warns that the recipient must comply or face penalties.

First, there is a difference between a subpoena issued by a judge and a subpoena issued by an attorney. A subpoena duces tecum is simply an attorney's request for documents. To release records in response to an attorney's subpoena, without obtaining the patient's authorization, can result in a civil suit by the patient or disciplinary action by the state licensing board. So verify the authenticity of the subpoena with the requesting attorney and get the patient's consent before releasing any records.

However, if the request comes from a medical or nursing licensing board, the clinician must release the records, or face loss of license. The patient's consent is not required.

If a subpoena is signed by a judge or hearing officer, then the clinician is permitted, under HIPAA, to respond by sending records, or the clinician can respond to the request, but not necessarily send the records. The clinician can ask to quash the subpoena or narrow the request, if there are good reasons for doing so.

If the practice or facility has a privacy officer -- and that should be the case -- then the clinician should give the subpoena to the privacy officer for handling.

Source: Carolyn Buppert, NP, JD www.buppert.com