For Consumers: Court Orders and Subpoenas
This is information for consumers about how the HIPAA Privacy Rule permits covered entities to respond to court orders and subpoenas for protected health information.
Final
Issued by: Office for Civil Rights (OCR)
Court Orders and Subpoenas
Court Order
A HIPAA-covered health care provider or health plan may share your protected health information if it has a court order. This includes the order of an administrative tribunal. However, the provider or plan may only disclose the information specifically described in the order.
Subpoena
A subpoena issued by someone other than a judge, such as a court clerk or an attorney in a case, is different from a court order.
A HIPAA-covered provider or plan may disclose information to a party issuing a subpoena only if the notification requirements of the Privacy Rule are met. Before responding to the subpoena, the provider or plan should receive evidence that there were reasonable efforts to:
- Notify the person who is the subject of the information about the request, so the person has a chance to object to the disclosure, or
- Seek a qualified protective order for the information from the court.
See 45 C.F.R. § 164.512(e) and OCR's Frequently Asked Questions.
Health Information Privacy Information in Multiple Languages
HHS is committed to making its websites and documents accessible to the widest possible audience, including individuals with disabilities. We are in the process of retroactively making some documents accessible. If you need assistance accessing an accessible version of this document, please reach out to the guidance@hhs.gov.
DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.