Pretend you supervise the correspondence unit of the health information services department of a medical center. Today, you received a subpoena duces tectum from an attorney, demanding either the originals or copies of all health records concerning Mary Smith, who allegedly is or was a patient of the medical center. The subpoena lacks sufficient information for you to determine whether Mary Smith is or was a patient in your facility. The subpoena is not accompanied by a valid authorization to release information for Mary Smith, as required in your state. (Case Study, p. 62)
How should you respond to the subpoena? In addition to providing the legal rational for your response, describe the necessary information the subpoena should have included. Assuming Mary Smith was a patient at the facility, who has ownership over her health record – Mary Smith or the medical center?
Guided Response: Review several of your classmates’ posts. Provide a substantive response to at least two of your peers. Discuss with your classmates the issue of health record ownership. Should the record be owned solely by the patient, the provider, or the health plan? Which is most beneficial in the long term?