Note:

Changes in the laws, rules and regulations since the 2001 edition of the LSBEP Directory and Statutory Reference book appear in boldface type in this 2002 edition.

Response to Subpoena Duces Tecum to Health Care Providers, R.S. 13:3715.1 (1992)

§ 3715.1 Subpoena deces lecum to a health care provider for patients records; reimbursement for records produced

         A. As used in this Section, the following terms shall have the respective meanings ascribed thereto:

                (1) Patient “records” shall not be deemed to include x-rays, electrocardiograms and like graphic matter unless specifically referred to in the subpoena, summons, or court order.

                (2) “Health care provider” shall mean a person, partnership, corporation, facility, or institution defined in R.S. 40:1299.41(A)(1).

         B. Notwithstanding any other provision of law to the contrary, a health care provider shall disclose records of a patient pursuant to a subpoena, summons, or court order, whether such subpoena, summons, or court order is for purposes of deposition or for trial, only if the health care provider has been furnished by the person requesting the subpoena, summons, or court order with an affidavit that such subpoena, summons or court order has been served, by registered or certified mail, upon the patient whose records are sought, or, if represented, upon his counsel of record, at least fifteen days prior to the date on which the records are to be disclosed, and the health care provider has not received a true copy of the petition or motion indicating that the patient has taken legal action to restrain the release of the records. If the requesting party is the patient or, if represented, the attorney for the patient, the affidavit shall state that the patient authorizes the release of the records pursuant to the subpoena.

         C. No health care provider, employee, or agent thereof, shall be held civilly or criminally liable for disclosure of the records of a patient pursuant to a subpoena, summons, or court order which is accompanied by such an affidavit issued by the person requesting the records, provided that the health care provider has not received a true copy of the petition or motion indicating that the patient has taken legal action to restrain the release of the records.

         D. Unless the subpoena, summons, or court order otherwise specifies, it shall be sufficient compliance therewith if the health care provider delivers by registered or certified mail or by hand a true and correct copy of all records described in such subpoena.

         E. The records shall be accompanied by the affidavit of the health care provider or other qualified witness, stating in substance each of the following:

(1)    That the copy is a true copy of all records described in the subpoena; and                    

(2)    That the records were prepared by the health care provider in the ordinary course of the business of the health care provider at or near the time of the act, condition, or event.

         F. If the health care provider has none of the records described, or only part thereof, the health care provider shall so state in the affidavit, and deliver the affidavit and such records as are available.

         G. The health care provider shall be reimbursed by the person causing the issuance of the subpoena, summons, or court order in accordance with the provisions of R.S. 40:1299.96.