Q: What CMIA, HIPAA, California Code of Civil Procedure sections guide this process?

A: if this is an auto accident contact a PI lawyer in the am.

did you sign an authorization to get your medical records? It should be limited to records relating to this accident and not your whole life history...if possible.

your lawyer may file a motion to Quash or modify too.

A: Motion to quash could be an option, as mentioned by my colleagues. Medical records requests need to be for material that is relevant to the injury in the case. Good luck

A: Here are some key laws, codes, and procedures that guide the process for a motion party to object to a subpoena for medical records or limit the scope of information in California:

Confidentiality of Medical Information Act (CMIA):

Lays out protections for medical information and when/how it can be disclosed. Governs subpoenas for medical records in CA. Parties must adhere to notice provisions and allow opportunity for objections (Cal. Civ. Code § 56.10).

Health Insurance Portability and Accountability Act (HIPAA):

Federal law that also provides privacy protections on health information. Medical providers must comply unless disclosure is required by court order or subpoena meeting requirements under CMIA or other process (45 CFR § 164.512).

CA Code of Civil Procedure 1985.3:

Outlines procedure for objecting to subpoenas in civil cases, including timing, contents of affidavits, showing required for ruling. Basis to object includes "unreasonable or oppressive" scope of production.

Motion to Quash or Modify:

Motion party would file to object to subpoena or limit scope. Must comply with CCP 1985.3 for timing, contents, etc. Basis includes overbroad scope, relevance, and confidentiality interests under laws like CMIA.

So in summary, CMIA, HIPAA, and Code of Civil Procedure 1985.3 provide key guidelines and basis for objecting to medical records subpoenas in California through a Motion to Quash or Modify.