HIPAA REPRODUCTIVE HEALTH ATTESTATION HIPAA
Privacy Rule at CFR 164.502(a)(5)(iii)
The HIPAA Privacy Rule applies to all medical records sought from any state that allows certain reproductive-associated procedures considered unlawful in some other states. It requires an Attestation for every subpoena for medical records. It must be signed by the “requester,” the claims handler, or the attorney, not by a third-party record retrieval service.
- The law applies to covered healthcare providers, health plans, healthcare clearinghouses, and their business associates. All will require an attestation to be presented with any subpoena for medical records. Pharmacies also require an attestation.
- The attestation form must be signed and filled out by the “requester,” the claims handler or attorney, when requesting medical records.
- Every medical facility in California will require the completed attestation to be served with a subpoena for medical records.
- Covered facilities in 26 states, including California, will require this form for medical record subpoenas.
- Some national medical facilities may require an Attestation for all subpoenas. (Example: Rite Aid.)
- Some facilities require their own Attestation Form.
- This form is not required for patient-signed authorizations.
HIPPA Rules and Sample Form can be found here
Categorized in: Legal Procedure
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