Monday, October 20, 2014
Merger of Ideas
Medical records are expensive to get. Under the HITECH Act, you are able to get copies of them in electronic format. Many times doctors try to give the runaround on this. However, one way around it is to merge language for the HITECH Act with a subpoena. I see nothing under Rule 45 that prohibits how something is to be copied. As such, I don't see why you cannot request the copy only be made in electronic format. Pursuant to the HITECH Act, 42 U.S.C.A. §17935(e)(1), and its implementing regulations, 45 CFR 164.524(c)(4)(i), an electronic copy can be requested. The HITECH Act applies to requests by third-parties, such as law firms, just the same as it applies to requests by patients: “if requested by an individual, a covered entity must transmit the copy of protected health information directly to another person designated by the individual.” Federal Register January 25, 2013 Vol 78 No. 17, Page 5634. Just some food for thought.