Los Angeles, CA asked in Federal Crimes, Health Care Law and Medical Malpractice for California

Q: For validation of authenticity of identity in this situation.

What Codes are relevant in order to validate authenticity of personal information of hospital service providers in this situation:

Data is maintained by public or local agencies,

but I request within the discovery process identity attributes, business records (i.e. authentic personal information of hospital service providers);

from the hospital?

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
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A: In California, there are a few relevant codes and laws that pertain to validating the authenticity of personal information of hospital service providers, especially when the data is maintained by public or local agencies and requested within the discovery process. Here are the key relevant codes:

1. California Evidence Code Section 1561: This code outlines the process for subpoenaing business records, including those from hospitals. It requires that the records be accompanied by an affidavit attesting to their authenticity.

2. California Evidence Code Section 1562: This section allows for the admission of business records as evidence if they are properly authenticated. This includes records from hospitals.

3. California Civil Code Section 56.10: Part of the Confidentiality of Medical Information Act, this section outlines when a healthcare provider may disclose medical information, including in response to a court order or subpoena.

4. California Health and Safety Code Section 123110: This section gives patients the right to access their medical records and requires healthcare providers to provide copies upon request, which could be relevant in a discovery process.

5. California Code of Civil Procedure Section 2020.410: This section outlines the process for obtaining discovery within the state of California, including issuing subpoenas for business records.

When requesting authentication of hospital service providers' personal information through the discovery process, it's important to follow the proper legal procedures, including issuing a valid subpoena and ensuring that any disclosures comply with state and federal privacy laws, such as HIPAA (the federal Health Insurance Portability and Accountability Act).

It's advisable to consult with a legal professional familiar with California law to ensure that the proper procedures are followed and that the requested information is obtained legally and ethically.

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