Maryland Notice of Intent to Subpoena Medical Records

State:
Maryland
Control #:
MD-SKU-0218
Format:
PDF
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Description

Notice of Intent to Subpoena Medical Records

The Maryland Notice of Intent to Subpoena Medical Records is a legal document which is used to provide written notice that a subpoena is being issued for the production of medical records. It is typically used by attorneys, parties to a legal action, or other individuals who seek to obtain medical records from a healthcare provider. There are two types of Maryland Notice of Intent to Subpoena Medical Records. The first is a Notice of Intent to Subpoena Medical Records for Civil Proceedings, which is typically used in civil lawsuits. This Notice provides written notice that medical records are being requested for use in a civil court case. The second type of Notice is a Notice of Intent to Subpoena Medical Records for Criminal Proceedings, which is typically used in criminal cases. This Notice provides written notice that medical records are being requested for use in a criminal trial. In both types of Notices, the Notice must include the name of the requesting party, the name of the patient, the name and address of the healthcare provider, a description of the requested records, the date the records are to be provided, and the signature of the requesting party. The Notice must also be served on the healthcare provider, either in person or through certified mail.

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FAQ

Confidentiality Provisions A hospital is a ?health care provider? as defined in Health-General § 4-301 (h). As such, a hospital must keep the medical records of a patient or recipient confidential and disclose the medical records only as provided by law.

Maryland Health - General Section 4-306 (a) In this section, "compulsory process" includes a subpoena, summons, warrant, or court order that appears on its face to have been issued on lawful authority.

§ 4-306 - Disclosures without authorization of person in interest -- Investigations. (a) Compulsory process. -- In this section, "compulsory process" includes a subpoena, summons, warrant, or court order that appears on its face to have been issued on lawful authority. mental health records.

HIPAA regulations require that patient documents must be kept a minimum of six (6) years.

A subpoena duces tecum for healthcare records is a court order requiring a healthcare provider to produce the requested medical records at a deposition or court hearing. Usually, the court order allows the healthcare provider to produce the medical records remotely without an in-person appearance being necessary.

A provider must disclose a medical record within a reasonable period of time after receiving your written request. Under state law, you may be charged no more than 76 cents per page for having your records copied, plus actual postage and handling costs. (These limitations do not apply to x-rays.)

Your health care providers can see and share your records with anyone who has your permission. Your payers can access your medical records if they need to review your records. The federal and state government can access your records with a subpoena.

More info

A subpoena asking for all of a patient's medical records would not be sufficient to obtain those documents. See the examples below.Covered provider or plan may disclose information to a party issuing a subpoena only if the notification requirements of the Privacy Rule are met. 345 Notice of delivery to clerk of court. Fill out and file a Request to Quash the Subpoena. Give your reasons for your objections to the Subpoena and what it is asking for. (B) Command to Attend a Deposition—Notice of the Recording Method. Under Rule 1. Commonwealth of Virginia Va. Code § 32.1-127.. Form NumberForm NameCategoryAO 10AFinancial Disclosure Report RequestOther FormsAO 30Certified CopyOther FormsAO 35Certificate of Official Court ReporterCourt Reporter Forms

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Maryland Notice of Intent to Subpoena Medical Records