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

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.

Thats kinda what I thought.
Thanks!

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.

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?

Furthermore.....See 159.003 (b) "This section does not authorize the release of confidential information to investigate or substantiate criminal charges against a patient".

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.

But look at subsection (c) concerning the in camera inspection.

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.