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Is there any reason why a grand jury subpoena is not sufficient to obtain medical records from a methadone clinic for a potential defendant? The defendant is, according to her, prescribed methadone for pain, not substance abuse.

The clinic in question is demanding a court order.

Defendant's two and a half year old son injested the methadone and nearly died. (As an aside, we believe that mom and dad intentionally gave the baby the methadone.)

thanks a bunch
rachel
 
Posts: 88 | Location: Rusk, Texas | Registered: January 11, 2006Reply With QuoteReport This Post
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I had someone at MHMR tell me that last week -- I told her to contact their attorney. She told me that's who told her she needed a court order. I told her to have the attorney call me. I got the records the next day. Look up HIPPA FAQs.
 
Posts: 74 | Location: Hempstead, TX USA | Registered: February 27, 2007Reply With QuoteReport This Post
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Thats kinda what I thought.
Thanks!
 
Posts: 88 | Location: Rusk, Texas | Registered: January 11, 2006Reply With QuoteReport This Post
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It's right there in the statute -- HIPAA authorizes release of records for law enforcement purposes pursuant to a grand jury subpoena. See 45 CFR sec. 164.512(f)(1)(ii)(B). There are also other ways of getting it, but a grand jury subpoena is specifically listed.
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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New wrinkle on old thread:

HIPPA may authorize a grand jury subpoena for medical records. However, see TX.Occupations Code Chapter 159.

159.003 (a)(10) and 159.003(c)

Anyone dealing with this with MTS of Grand Jury Subpoenas?
 
Posts: 38 | Location: Henderson County | Registered: July 19, 2004Reply With QuoteReport This Post
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Furthermore.....See 159.003 (b) "This section does not authorize the release of confidential information to investigate or substantiate criminal charges against a patient".
 
Posts: 38 | Location: Henderson County | Registered: July 19, 2004Reply With QuoteReport This Post
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Sec. 159.003(a)(10) should be read as follows: An exception to the privilege of confidentiality in a court or administrative proceeding exists in a criminal prosecution in which the patient is a victim, witness, or defendant. So, once a person is a defendant there is no priviledge, right?

Also, while this section itself does not authorize the release of confidential information --a grand jury subpoea will.
 
Posts: 158 | Location: Texas, USA | Registered: July 11, 2001Reply With QuoteReport This Post
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But look at subsection (c) concerning the in camera inspection.
 
Posts: 38 | Location: Henderson County | Registered: July 19, 2004Reply With QuoteReport This Post
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I think there is an argument about the validity of that Occ Code section.I'm out of the office today but I might have something back at the office.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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