I am requesting medical records from a jail and have been informed that a subpoena is required. I have a signed Disclosure of Healthcare Information form. A little research turned up the HIPAA act. I am okay with a subpoena, procedure is procedure. However, I am unclear why a Protective Order must be attached. Why is this necessary if the client has consented? Is the provider protected by this order?
Criminal Defense Attorney
I do not believe you need a protective orderwhen you have a release of information that is HIPAA compliant. Suggest that you call the jail and speak to the medical staff about the particulars. Do they want to come to court or provide the documents that the client has authorized. You are willing to accomodate their wish.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.