HIPAA

Health Insurance Portability and Accountability Act

  This is a starting reference point for researching HIPAA.  Subpoenaed medical records for production at a deposition is affected by HIPAA.  The healthcare provider may not disclose records to a third party without expressed consent or notice, or waiver of time signed by the patient.  Some states, such as California, have designed special procedures to provide notice and implied consent, and are deemed HIPAA compliant.  The noticing requirements may extend 25 days prior to the deposition, and additional time when counsel are in different states.

Each state's noticing requirements vary, as well as what constitutes appropriate notice under HIPAA.

HIPAA.org - The Official website for HIPAA. The US Department of Health and Human Services site for HIPAA is here: http://www.cms.hhs.gov/hipaageninfo/01_overview.asp?