Not a Hipaa question. Its Health & Safety Code.The Question is whether HEALTH AND SAFETY CODE 241.152 AND 241.153 prohibits the Hospital from turning over medical records of the uncooperative victim. Health and Safety Code states that the Hospital is only to turn over evidence of a �party�. The Hospital claims that the victim is not a �party and is not the records are not subject to subpoena. This is not a Hipaa objection. It is an objection under the state provisions of the Health & Safety Code.

Try the civil division in the Tarrant County DA's Office. It has a section devoted to hospital district issues.

JAS

use a subpoena duces tecum, get the custodian (hospital administrator) on the stand at trial and let the Court order the production of the records when they are not produced. I'd think about the third time the hospital administrator spent the day at the criminal court, this would no longer be an issue.

(9) to a federal, state, or local government agency or authority to the extent authorized or required by law;

This is from 241.153, which lists the people who the hospital CAN disclose to even without the patient's consent. I'm sure this would include law enforcement and prosecution as "government agencies" that are authorized to have the info.

It stands to reason that if you can subpoena the doctor him/herself to testify about the examination, why in the world could you not subpoena the records of the examination? I bet the hospital would rather provide records than doctors / custodians of records as the previous poster stated!