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Cover letter response to subpoena duces tecum

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Regulation of Medicine. Healthcare providers are aware that HIPAA and state privacy laws place restrictions on the disclosure of protected health information PHI to third parties. If a request for records comes via subpoena, discovery request or any other court order, the provider must not ignore it because a response is usually required. This article offers guidance about what to do and what not to do after being served with a subpoena or request for documents including PHI.
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Cover Letter For Subpoena Response

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Responding to a Subpoena - The Law Office of Josh McGuire

About Search. The subpoena calls on me to produce for a Grand Jury certain tape recordings as well as certain specified documents. With the utmost respect for the court of which you are Chief Judge, and for the branch of government of which it is a part, I must decline to obey the command of that subpoena. In doing so I follow the example of a long line of my predecessors as President of the United States who have consistently adhered to the position that the President is not subject to compulsory process from the courts. The independence of the three branches of our government is at the very heart of our Constitutional system. It would be wholly inadmissible for the President to seek to compel some particular action by the courts. It is equally inadmissible for the courts to seek to compel some particular action from the President.
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Responding to Subpoenas

Last Updated: September 10, References Approved. This article was co-authored by Clinton M. Sandvick, JD, PhD.
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March 29, Josh McGuire. Getting served with a subpoena is perhaps the most common way to find yourself involved in unanticipated litigation. But subpoenas come to those who may not be involved in the dispute at all, but just happen to have documents or information that one of the parties needs or thinks they need to prove their claims or defenses.
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