A subpoena is a “legal, written order to compel an individual to give testimony on a particular subject at a specific time and place, or to provide documents or other tangible objects.” Note: This guide helps providers better understand the subpoena process when they have been asked to supply records and other documents. This blog does not apply to providers that have been asked to provide testimony.
Before a subpoena can be served, there are several steps that must be taken to ensure that the subpoena is valid and required procedures are properly followed. The set of rules that apply to the preparation and issuance of a subpoena varies depending on the type of litigation the subpoena is for. Civil cases must also adhere to rules known as the Rules of Civil Procedure that can change depending on the state in which a case is filed. The attorney issuing the subpoena is responsible for ensuring that all applicable rules are adhered to and for ensuring that all attorneys involved in the case are given proper notice of the subpoena and afforded the appropriate timeframe in which to file an objection.
If no objection is filed, the subpoena can be served to a custodian, provider, or location based on the applicable service methods. Service methods can vary by state but are typically limited to certified mail or hand delivery via process server. It is important to be aware of the applicable methods of service in your state.
Sometimes an attorney may send a subpoena to a provider via other means, such as fax or by a direct message in ChartSwap. While these other methods can give providers advanced notice that they need to begin gathering documents, it is crucial for providers to understand that they have not been officially served a subpoena until they have received it through one of the legally applicable methods of delivery in their state. As such, providers should not surrender the requested documents to the requestor until they have been officially served the subpoena. Records that are supplied before a subpoena is officially served can be ruled inadmissible in court. After a provider has been officially served, they should adhere to the requirements set forth in the subpoena in order to effectively comply with it.
While ChartSwap is not an applicable method of service for subpoena, it is a great tool for receiving advanced notice a subpoena is imminent, and our fully integrated, HIPAA-compliant platform is designed as a one-stop-shop for quickly and easily exchanging medical and billing records. Our portal helps both providers and requestors stay up-to-date with real-time comprehensive digital tracking notifications and ensures all requests are accompanied by a signed patient authorization. Additionally, activity in the portal provides a clear audit trail and supports strong operational reporting.
Together, we can transform your fulfillment of third-party record requests. To learn more about our offerings, go here.
