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Is there anything special in regards to HIPAA or anything else in using the business records exception for medical records for use by the state in a criminal case?
 
Posts: 58 | Registered: August 07, 2008Reply With QuoteReport This Post
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For that very reason, at the time we file in the affidavit and records, we file a motion and order to seal the records due to the confidential nature of the information contained in the records. The judges have gotten used to signing it and it protects the information from public view.

Let me know if you want an example of what we use.
 
Posts: 478 | Location: Parker County, Texas | Registered: March 22, 2002Reply With QuoteReport This Post
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Thank you.
 
Posts: 58 | Registered: August 07, 2008Reply With QuoteReport This Post
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If anyone has on of these motions, I would like to have a copy. Thanks.
 
Posts: 158 | Location: Texas, USA | Registered: July 11, 2001Reply With QuoteReport This Post
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When we file medical records we style it as a Medical Record instead of a Business Record. The Clerk's Office automatically seals anything styled this way without an accompanying order to seal.

I'm not positive but I believe there was a standing order signed by the Administrative Judge long ago ordering/authorizing this process.
 
Posts: 106 | Location: Galveston, Tx. | Registered: May 17, 2007Reply With QuoteReport This Post
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I would love an example!!!


Katherine McAnally
 
Posts: 30 | Location: burnet, texas | Registered: July 21, 2008Reply With QuoteReport This Post
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