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If a health care manager receives a subpoena duces tecum, he should produce patient records and other forms of evidence as required by the court.

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How should the health information manager handle an invalid subpoena duces tecum?

· In the instance of an invalid subpoena duces tecum, the health information manager should first refer the issue to the health-care provider's legal counsel for assistance. The counsel has several choices, including (1) responding by letter to the requesting attorney informing him or her of the health-care provider's refusal to release the requested information; (2) filing with the court a motion to quash; or (3) where appropriate, advising the health information manager to release the requested information in whole or in part.


Should the health information manager assume that each subpoena presented requires the release of the information requested hy not?

No, the health information manager should not automatically assume that every subpoena requires the release of the requested information. Each subpoena must be carefully evaluated for its legal validity, relevance to the case, and compliance with privacy laws such as HIPAA. Additionally, the manager should consult with legal counsel to ensure that the release of information aligns with ethical standards and protects patient confidentiality.


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