Medical Records Clerks

How to Respond to a Subpoena Duces Tecum in Workers’ Comp

Check the Date Range

Be sure to double check the requested date range. This way, the field representative knows the records are correct and are exactly what was requested in the subpoena. 

HIPAA

It is a HIPAA violation if a medical record clerk or custodian of records does not provide the correct records to the copy service in response to a subpoena duces tecum. 

Declarations

Clerks must sign and attach a signed declaration which is the authentication of records in the chain of custody. 

Release of Information Fees

Follow Evidence Code section 1563 and charge the proper amount: (1) “Reasonable cost,” as used in this section, shall include, but not be limited to, the following specific costs: ten cents ($0.10) per page for standard reproduction of documents of a size 81/2 by 14 inches or less; twenty cents ($0.20) per page for copying of documents from microfilm; actual costs for the reproduction of oversize documents or the reproduction of documents requiring special processing which are made in response to a subpoena; reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of twenty-four dollars ($24) per hour per person, computed on the basis of six dollars ($6) per quarter hour or fraction thereof; actual postage charges; and the actual cost, if any, charged to the witness by a third person for the retrieval and return of records held offsite by that third person. 

State Law: Correct Records, Declaration, Timely Delivery

Under Evidence Code section1560, when a records clerk or custodian of records receives a subpoena that requires the production of all or any part of the records of the business, the clerk or custodian must comply by providing a “true, legible, and durable copy of all of the records described in the subpoena” to the copy service, together with the affidavit, within 15 days after receiving of the subpoena. 

Questions? Contact your Gemini Field Agent or call Support 877.739.7481