Responding to the subpoena, it is essential to comply with all legal and regulatory rules. Since it is stated that medical professionals have 30 days to respond in writing to the request of the attorney for the subpoena, it is necessary to gather the information and find a possible solution. Firstly, subpoena duces tecum from an attorney is not supported by a valid form of release of information that authorizes the disclosure of information. Therefore, a patient’s health records cannot be provided immediately as it may lead to a lawsuit (American Psychological Association, 2016). However, subpoena duces tecum provides the data to ensure that Mary Smith was a patient of the medical organization. That is why the organization must respond to the request.
Secondly, as a representative of the health information services department of a medical center, I would write an official letter to attorney asking to provide a complete form of release of information and a subpoena duces tecum for Mary Smith concerning health records. It is also necessary to check whether the law allows to provide all health records of a patient or attorney should submit a form for the authorized release of specific information regarding certain diseases, such as HIV (McWay, 2020).
Thirdly, when the attorney sends the required forms and authorization from that the attorney has a right to ask for the health records of a patient, it would be possible to gather data of Mary Smith. However, until all the legal forms were received, I would not confirm whether Mary Smith was a patient of a medical center or not. It is essential to follow the legal rules and regulations of the state to avoid possible litigations. If the state’s laws do not allow to transfer the health records, then the request should be declined with a consultation of a legal expert.
References
American Psychological Association. (2016). Protecting patient privacy when the court calls. Web.
McWay, D. (2020). Legal and ethical aspects of health information management (5th ed.). Cengage Learning.