Healthcare organizations must make health records available to the individual they pertain to, including a record of any changes. When a court or administrative agency orders that medical records be released in response to a duces tecum subpoena, the subpoena must be answered within 15 days. This document indicates that the party requesting or causing the subpoena has asked the court or administrative agency to issue a subpoena or that the other party's lawyer has issued a summons to your doctor, other healthcare providers, or another healthcare entity requiring them to submit their medical records. Your doctor, other healthcare provider, or other healthcare entity must respond by providing a copy of your medical history.
If you believe that your medical records should not be released and object to their release, you have the right to file a motion with the court clerk or administrative agency to overturn the subpoena. If you choose to file a motion for annulment, the motion must be filed within 15 days of the date of the request or of the subpoena issued by the lawyer. You can contact the clerk's office or administrative agency to learn what is required when filing a motion for annulment and you can also choose to contact an attorney to represent your interests. If you decide to file a motion for annulment, you must notify your doctor, another healthcare provider, or other healthcare entity that you are going to file the motion so that they know that you must send the health records to the clerk of the court or administrative agency in a sealed envelope or package to keep them while your motion is decided.
A copy of this citation, duces tecum, has been provided to the person whose medical history is being requested or to their attorney. You or that person has the right to file a motion to annul (object) to the attached subpoena. If you decide to file a motion for annulment, you must file it within 15 days of the date of this subpoena. Nothing in this section shall prohibit a healthcare provider from prescribing or dispensing a controlled substance that must be reported to the Prescription Control Program established in accordance with Chapter 25.2 (§ 54.1-2519 et seq.).
I also understand that I have the right to revoke this authorization at any time, but that my revocation will not take effect until it is delivered in writing to the person who is in possession of my health records and will not be effective with respect to health records already released under this authorization. In some cases, an individual may request access to an electronic version of their PHI according to a certain technical standard, for example, a copy of their medication data represented on RxNorm or a laboratory test represented on LOINC. Notwithstanding any other provision, a healthcare entity will not be required to provide records in the requested electronic format if (i) the electronic format is not reasonably available at no additional cost to them, (ii) the records would be subject to change in the requested format, or (iii) they determine that the integrity of the records could be compromised in the requested electronic format. Requests for copies or electronic access to health records must (a) be in writing, dated and signed by the applicant; (b) identify what information is being requested; (c) include evidence of requester's authority to receive such copies or access such records; (d) identify person who will receive information; and (e) specify whether requester wants records in electronic format if available, or paper format.
Reston Surgery Center also participates in national programs of National Association of Ambulatory Surgery Centers. In case judge or administrative agency orders opening sealed envelope for review health records behind closed doors, copy of order will be attached any health record returned healthcare entity. However when responding access request, covered entity not required create new information such as explanatory materials or analysis not already existing designated record set. The authorization for release medical records issued according to this section remain valid until (i) authorization revoked in writing by person who executed authorization and delivers it to healthcare entity maintaining record subject authorization; (ii) expiration date set forth in authorization; (iii) healthcare entity becomes aware expiration event described in authorization whichever occurs first. Authorization release health records issued according to this section unless expressly limits otherwise considered include authorization person named in authorization help person subject health record access healthcare services including scheduling appointments for person subject health record attending appointments together with person subject health record.
