Health Law
New Maryland Legislation, Effective
July 1st
Requires New Mandatory Procedures for
Subpoenaing Medical Records
Legislation that contains a new mandatory procedure
for subpoenaing medical records in Maryland (Senate Bill 690) became effective
on July 1, 2005.
**Effective July 1st, a subpoena to a health care provider for a medical record
must generally be accompanied by a written assurance from the
party or the attorney representing the party seeking the records that (i) the
patient has not objected to the subpoena and at least 30 days have
elapsed since the patient was notified of the subpoena or (ii) in the event
that the patient raised an objection to the subpoena, such objections have
been resolved and the requested disclosure is in accordance with that resolution.
The notice to the patient must consist of the subpoena, a copy of the law,
and the notice language specified in the statute (which generally explains
that the patient has a right to challenge or “quash” the subpoena).
The party who issues the subpoena is responsible for complying with this new
notice requirement. As of July 1, 2005, health care providers should look for
a Notice and a Certificate of Service, in the form shown below or a substantially
similar form, to be attached to all subpoenas.
A recipient health care provider must also respond to a subpoena if the subpoena
contains proof that service of the subpoena has been waived by the court for
good cause, or the subpoena has a copy of an order entered by the court expressly
authorizing the disclosure of the designated medical record.
This new law will likely cause some temporary disruptions for attorneys who
are not aware of the new requirements.
Generally, a health care provider should not send medical records
in response to a subpoena until the 30-day objection period has expired (with
any objections resolved), unless the court has ordered otherwise.
If you want a copy of the law, go to http://www.mlis.state.md.us/,
click on Bill Information and Status, enter SB690 in the Bill Number box and
click on Submit Query.
The following chart illustrates the new process under Senate Bill 690. The
form of Notice and Certificate follow as well.
Counsel sends copy
of the subpoena with form notice required by the statute to the person
in interest by certified mail
Counsel obtains waiver of service of
Rule 4-306 notice for good cause
Counsel obtains Court Order requiring disclosure |
Time for objections
to be raised set by statute (30 days) expires
|
Records released
only when provider receives subpoena and
- Copy of notice sent to person
in interest (patient or patient’s attorney);
- Copy of statute section;
and
- Assurance of counsel that
- Minimum 30-day notice
period has passed; and
- Any objections have been
resolved; or
- Proof that service has been waived
by the Court for good cause; or
- A Court order requiring disclosure of
the designated medical record
|
Form of Notice & Certificate of Service
Statutory Patient Subpoena
Notice Form
________________________
PLAINTIFFS
v.
________________________
DEFENDANTS
|
IN THE
__________________________
FOR
___________________________
CASE NO. __________________
|
NOTICE TO (PATIENT NAME)
IN COMPLIANCE WITH § 4-306 OF THE HEALTH-GENERAL ARTICLE,
ANNOTATED CODE OF MARYLAND
TAKE NOTE THAT MEDICAL RECORDS REGARDING (PATIENT
NAME), HAVE BEEN SUBPOENAED FROM THE (NAME AND ADDRESS OF HEALTH CARE PROVIDER)
PURSUANT TO THE ATTACHED SUBPOENA AND § 4-306 OF THE HEALTH – GENERAL
ARTICLE, ANNOTATED CODE OF MARYLAND. THIS SUBPOENA _________ DOES _________
DOES NOT (MARK ONE) SEEK PRODUCTION OF MENTAL HEALTH RECORDS.
PLEASE EXAMINE THESE PAPERS CAREFULLY. IF YOU HAVE ANY OBJECTION TO THE PRODUCTION
OF THESE DOCUMENTS YOU MUST FILE A MOTION FOR A PROTECTIVE ORDER OR A MOTION
TO QUASH THE SUBPOENA ISSUED FOR THESE DOCUMENTS UNDER MARYLAND RULES 2-403
AND 2-510 NO LATER THAN THIRTY (30) DAYS FORM THE DATE THIS NOTICE IS MAILED.
FOR EXAMPLE, A PROTECTIVE ORDER MAY BE GRANTED IF THE RECORDS ARE NOT RELEVANT
TO THE ISSUES IN THIS CASE, THIS REQUEST UNDULY INVADES YOUR PRIVACY, OR CAUSES
YOU SPECIFIC HARM.
ALSO ATTACHED TO THIS FORM IS A COPY OF THE SUBPOENA DUCES TECUM ISSUED FOR
THESE RECORDS.
IF YOU BELIEVE YOU NEED FURTHER LEGAL ADVICE ABOUT THIS MATTER, YOU SHOULD
CONSULT YOUR ATTORNEY.
_________________________________
ATTORNEY
(FIRM NAME,
ATTORNEY ADDRESS
ATTORNEY PHONE NUMBER)
ATTORNEYS FOR (NAME OF PARTY
REPRESENTED)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT A COPY OF THE FORGOING NOTICE
WAS MAILED, FIRST-CLASS, POSTAGE PREPAID, THIS _______ DAY OF ____________,
200__ TO
_________________________
PATIENT
__________________________
EACH COUNSEL IN CASE
_________________________
ATTORNEY
