- You supervise the release of information (ROI) section in the health information management department of an acute care hospital, which is also a Level II regional trauma center. Today the hospital received a subpoena duces tecum from an attorney, demanding either the originals or copies of all health records on Paul Johnson, who was allegedly a patient of the hospital. The ROI clerk came to you, unsure what to do. The subpoena lacks sufficient information for you to determine whether Mr. Johnson is (or was) a patient in the facility. Also, the subpoena was not accompanied by a valid authorization to release information for Mr. Johnson, as required in your state.
- How should you respond to the subpoena? Specifically address each of the following your initial response: (1) the steps that you should take, as the supervisor, to take to determine whether Mr. Johnson is or was a patient in the hospital; (2) how the organization should respond to the subpoena; and (3) what regulations apply to this request that could be used as justification in your response.
Answer preview
The law is an instrument that is used to protect the people subject to it from harm and to execute justice to those offended (Mossman, 2015). It is therefore essential to be thorough and precautions when handling legal issues. To determine if MR Johnson is or was a patient in the hospital, I would go through the existing hospital records. Hospitals keep medical records for seven years before deleting them. However, some medical facilities keep them for more than that number of years. If I find the documents,…
