Policy Manual sample

MDT Home Health Care Agency, Inc. Subpoena of Records Subpoenas for records will be immediately brought to the attention of the Administrator. The Agency may release information without a prior authorization if the Administrator or supervising nurse are served with a valid subpoena. Photostatic copies will be submitted unless otherwise ordered. Only upon receipt of a valid subpoena shall medical records be taken from the Agency. The Administrator shall verify the legality of the subpoena issued. If an original record is submitted to the court, an Agency representative must accompany the record to court. The following are the requirements for a valid subpoena: 1. The subpoena must be served upon the person to whom it is addressed. 2. The subpoena must be issued by a court within the state in which the Agency is operating. A subpoena from courts outside the state should be reviewed by the Agency's legal counsel. 3. Date, time and place of appearance should be stated on the subpoena. 4. A docket number should be present, although this is not always available when the subpoena is prepared. 5. A witness fee is usually sent with the subpoena. Legal counsel should determine if the subpoena can be ignored if the witness fee is not included and there is no arrangement to pay this fee. If any question exists about the validity of the subpoena, the Administrator should consult legal counsel. In cases of litigation involving the Agency, the Administrator should notify the attorney and other appropriate departments or individuals as appropriate. Courts and administrative agencies have authority to require that designated personnel of the Agency: 1. Be present at trials, hearing and depositions 2. Give testimony concerning records 3. Bring records and allow review and reproduction of records 4. Under no circumstances will a medical record be left in the custody of an attorney or court Home Health Agency Policies A-109