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Q: Do I need a subpoena to request communication records from my insurance company in WA?
I am a patient in Washington State facing significant issues with my medical insurance company due to incorrect information provided over the last three years. I have requested all communication records, including phone calls and chat transcripts, from the insurance company since I signed up on 09/01/22. When I contacted them by phone on 07/30/25, I was informed that a legal or court subpoena is required to access these records. I have documentation of misrepresentation and am considering legal action, involving multiple healthcare providers, including specialists and my primary care provider. How can I proceed in obtaining these records to discuss further with an attorney?
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Lawyer Answer
A: A Washington attorney could advise best, but your question remains open for two weeks. I'm sorry for your frustration in trying to compile your records. I cannot advise on the specifics of navigating medical record requests in Washington State - a local attorney would know those channels best. But nationwide, as a GENERAL matter, medical record requests are often achieved without the use of subpoenas. It's usually an informal matter that is not contentious. Such requests could involve duplication fees, set by public health laws. Property executed HIPAA authorizations are also needed, signed by patient or their authorized representative. If you plan to consult with an attorney anyway (which it sounds like you plan to), it might be easier for them to request records - their request might be taken more seriously. If you're looking to make the request on your own to keep costs down, you might as an alternative consider going through the various medical providers involved (or their record retrieval services). That could be more laborious, but if they are more forthcoming with records, it might still be less stressful if there are not an excessive number of medical providers. Good luck
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