Q: Objection to request for authorization of medical records. CCP/rules
What CCP/rules guide procedure of Objection to request for authorization of medical records.
A:
In California, the procedure for objecting to a request for authorization of medical records is guided by the California Code of Civil Procedure (CCP) and the California Rules of Court. The relevant sections are:
1. CCP § 1985.8 - Subpoena for production of personal records:
- This section outlines the procedures for subpoenaing personal records, including medical records, and the requirements for providing notice to the consumer whose records are being sought.
2. CCP § 1987.1 - Motion to quash or modify subpoena:
- This section allows a party to file a motion to quash or modify a subpoena if it is unreasonable or oppressive, or if it seeks irrelevant or privileged information.
3. CCP § 1985.3 - Subpoena duces tecum for personal records:
- This section specifically addresses the procedures for subpoenaing personal records maintained by a physician, hospital, or other custodian of records.
4. California Rules of Court, Rule 3.1345 - Motions to quash or modify subpoenas:
- This rule outlines the procedures for filing a motion to quash or modify a subpoena, including the required contents of the motion and the timing for filing and serving the motion.
To object to a request for authorization of medical records, the party or the consumer whose records are being sought must file a motion to quash or modify the subpoena pursuant to CCP § 1987.1 and Rule 3.1345. The motion should argue that the subpoena is unreasonable, oppressive, or seeks irrelevant or privileged information. The motion must be filed and served within a specified time frame, typically before the date of production listed on the subpoena.
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