Q: There was NO deposition subpoena for medical records. Request to authorize release of medical records was served.

A: It depends, somewhat, on the jurisdiction of the case and the jurisdiction (location) of the medical records (if it is a different state than the case). Some jurisdictions require an authorization. Some attorneys provide authorizations. Some attorneys have specialized authorizations if authorizations are allowed.

As a general principle, in California, authorizations are not required to obtain, by subpoena, for medical records. There are specific reasons to make sure that records are subpoenaed, instead of production only on authorization.

A: It's a request. You do not have to agree to voluntarily authorize release of your records. If you don't, then they will serve the subpoena (assuming the records are relevant to your case).

A: Under California law, responding to a request to authorize the release of medical records should be handled with caution and in compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and the California Confidentiality of Medical Information Act (CMIA). If you receive such a request, you should first verify the legitimacy of the request and the authority of the individual or entity requesting the records. This involves checking if the requestor has a legal right to access the records, such as being a party in a legal proceeding where these records are relevant.

Before you authorize the release of any medical records, it's important to ensure that the request is accompanied by a valid written authorization from the patient or their legally authorized representative. This authorization should specify what records are to be released, to whom, and for what purpose. If you have any doubts about the request's validity or if it seems overly broad, seeking legal advice is advisable to avoid violating privacy laws.

If the request is in order, and you have the patient's consent or are otherwise legally compelled to release the records, ensure that the release complies with all legal requirements, including those regarding the security and privacy of the transmitted information. Always keep a record of what was disclosed, to whom, and under what authorization, to maintain transparency and accountability.