For disclosures for judicial and administrative proceedings, when is a copy of the subpoena itself sufficient satisfactory assurance of notice to the individual?

Answer:

A copy of the subpoena (or other request pursuant to lawful process) is sufficient when, on its face, it meets the requirements of 45 CFR 164.512(e)(1)(iii), such as by demonstrating that the individual whose protected health information is requested is a party to the litigation, notice of the request has been provided to the individual or his or her attorney, and the time for the individual to raise objections has elapsed and no objections were filed or all objections filed have been resolved. When the above requirements are evident on the face of the subpoena (or other request), no additional documentation is required.

Date Created: 01/07/2005