How should the health information manager handle an invalid subpoena duces tecum?

Follow the instructions under Discussion Board Rubric and Guidelines to create your post and respond to at least one other student. Internal citations and references are required.

This week’s post has 2 parts:

Part 1: Please answer 2 of the following questions below as your original (no additional responses needed for Part 1). Place in the subject line which 2 questions you are answering. Ideally, as a group, you will cover all of the questions at least once.

1. What are the legal uses of the health record?

2. Are the entries made in the health record ordinarily subject to cross-examination? Why or why not?

3. What questions are typically presented to the custodian of records in order to introduce a health record into evidence?

4. What legal processes may be used to remove the health record from the health-care provider’s safekeeping?

5. Should the health information manager assume that each subpoena presented requires the release of the information requested? Why or why not?

6. How should the health information manager handle an invalid subpoena duces tecum?

Part 2: Answer the question below and respond to at least one other learner.

Please review the article at: http://www.rightinginjustice.com/news/2013/11/22/whistleblower-asks-court-to-punish-florida-hospital-for-destroying-evidence/ Hospital destroyed medical records in false claims case, says it was a mistake (Feel free to explore other perspectives on this case) Based on the information in chapter 9, what is your evaluation of this case? Feel free to do further research on the case and bring in additional information.

 
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