Legal Content Requirements

• You supervise the release of information (ROI) section in the health information managementdepartment of an acute care hospital, which is also a Level II regional trauma center. Today the hospital received a subpoenaduces tecum from an attorney, demanding either the originals or copies of all health records on Paul Johnson, who was allegedly a patient of the hospital. The ROI clerk came to you, unsure what to do. The subpoena lacks sufficient information for you to determine whether Mr. Johnsonis (or was) apatient in the facility. Also, the subpoenawasnot accompanied by a valid authorization to release information for Mr. Johnson, as required inyour state.
• How should you respond to the subpoena? Specifically address each of the following your initial response: (1) the steps that you should take, as the supervisor, to take to determine whether Mr. Johnson is or was a patient in the hospital; (2) how the organization should respond to thesubpoena; and (3) what regulations apply to this request that could be used as justification in your response.