Question Description
- You supervise the release of information (ROI) section in the healthinformation management department of an acute care hospital, which isalso a Level II regional trauma center. Today the hospital received asubpoena duces tecum from an attorney, demanding either the originals orcopies of all health records on Paul Johnson, who was allegedly apatient of the hospital. The ROI clerk came to you, unsure what to do.The subpoena lacks sufficient information for you to determine whetherMr. Johnson is (or was) a patient in the facility. Also, thesubpoena was not accompanied by a valid authorization to releaseinformation for Mr. Johnson, as required in your state.
- How should you respond to the subpoena? Specifically address each ofthe following your initial response: (1) the steps that you shouldtake, as the supervisor, to take to determine whether Mr. Johnson is orwas a patient in the hospital; (2) how the organization should respondto the subpoena; and (3) what regulations apply to this request thatcould be used as justification in your response.
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