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Policy 21: HIPAA Compliance Officer Action Plan for Attorney-Issued Subpoenas and Discovery Requests <br /> North State Medical Transport HIPAA Compliance Officer Action Plan: <br /> Attorney-Issued Subpoenas and Discovery Requests <br /> Step 1: Does the request contain the original subpoena,discovery request,or other YES NO <br /> legal process? References to a subpoena or other document in the request letter are not <br /> sufficient. Go to Step 2 The HIPAA Compliance Officer should deny the request in <br /> writing stating that the original subpoena,discovery request, <br /> or other legal process must be provided to North State <br /> Medical Transport before North State Medical Transport will <br /> consider the request. <br /> Step 2: Does the request seeking PHI also contain"satisfactory written assurances?" YES NO <br /> In order to contain satisfactory written assurances,the request must include documentation <br /> that demonstrates either of the following: Go to Step 3 The HIPAA Compliance Officer should send the requester a <br /> letter stating that North State Medical Transport will not <br /> • The attorney requesting the PHI made a good faith attempt to provide written notice to disclose any PHI until the proper satisfactory written <br /> the patient that included information about the litigation or proceeding and the PHI assurances have been provided to North State Medical <br /> request,and such notice was sufficient to permit the individual the opportunity to raise Transport. <br /> an objection to the court or administrative tribunal.Additionally,the time for the <br /> patient to raise objections to the court or administrative tribunal has elapsed,and <br /> either:(i)no objections were filed;or(ii)all objections filed by the individual have been <br /> resolved by the court or the administrative tribunal and the disclosures being sought <br /> are consistent with such resolution. Documentation may include,for example,a copy <br /> of the notice mailed to the individual that includes instructions for raising an objection <br /> with the court and the deadline for doing so,and a written statement or other <br /> documentation demonstrating that no objections were raised or all objections raised <br /> were resolved and the request is consistent with the resolution.To the extent that the <br /> subpoena or other request itself demonstrates the above elements,no additional <br /> documentation is required; <br /> OR <br /> • The parties to the dispute giving rise to the request for PHI have agreed to a"qualified <br /> protective order"and have presented it to the court or administrative tribunal with <br />