The defense filed a Motion to Obtain Protected Health Information under HIPPA in a case where we are prosecuting the defendant for Injury to an Elderly Individual. They are citing C.F.R. Sec. 164.512(e) as their authority for obtaining these records.

They are specifically asking for the following:
"The entire health record of VICTIM from Hospital, Clinic, EMS, and Primacy Care Physician." (Names have been changed to protect identities)

The reasoning for their request is as follows:
"The Protected Health Information of VICTIM is relevant and necessary in this case because the medical records may contain information about witness's background, credibility, motivation to fabricate, or other information that may support the defense. The records may contain information about mental or emotional problems."

I don't even know how to professionally respond to any of this. To top it all off, the defense attorney conned the elderly victim into allowing him to attend a doctor's appointment with her to discuss with her doctor some of her medications and how they may/may not have played into the appearance of the bruising as a result of the assault. In my mind, that makes the defense attorney a potential witness, or at least it could be argued.

Any guidance, sample response motions, or general disgruntledness on my behalf is appreciated.

Reasons the court should deny the request:

• Fishing expedition,
  
• speculative,
  
• overly broad,
  
• vague,
  
• ambiguous,
  
• not limited to a relevant or specific time period,
  
• not reasonably limited in scope,
  
• constitutes harassment, and
  
• is not reasonably calculated to lead to the discovery of admissible evidence.