What You Should Know About Serving a Subpoena on Hospitals and Doctors’ Offices

The service of process follows a strict procedure, which becomes more complicated if the recipients are healthcare entities. Such a case involves regulations under the HIPAA and, more often than not, the UIDDA. The more requirements, the more possible grounds to reject the service.

Serve Index LLC has a successful history of serving subpoenas on hospitals and doctor offices across NYC. Apart from our timely delivery, we take care to check all requirements, so the entity will honor the subpoena.

Whether the subpoena is for medical records or depositions, you have the peace of mind that it will make its way to the recipient, so you can proceed with your legal matter.

Domesticating Subpoenas

Serve Index LLC can get the subpoena domesticated before serving it on the doctor’s office or the hospital. Instead of expending resources, you can leave the work to us. Having domesticated countless out-of-state subpoenas, we are familiar with the processes of the County Clerk, expediting the domestication and helping you avoid missed deadlines.

  1. We will submit the out-of-state subpoena to the County Clerk, who will issue a New York subpoena seeking discoverable materials and/or individuals to be deposed.
  2. We will serve the New York subpoena on the recipient.
  3. We will complete the Affidavit of Service and file it with the Court.

By working with us, you don’t have to locate the County Clerk or review the process; you save time and resources while ensuring speedy completion.

Time-Sensitivity of Subpoenas

Subpoenas served on a hospital or doctor office run on a tight deadline.

  • Subpoenas seeking the release of medical records should be served at least three days before the specified time for the production of records, unless otherwise stated by the court.
  • Deposition subpoenas should be served on the non-party witness at least 20 days before the deposition. Moreover, all other parties should also be advised of the place and time of the deposition at least 20 days prior.

Serve Index LLC has built a name for timely delivery of time-sensitive documents. We locate the recipient and serve the subpoena as soon as possible.

HIPAA Authorization

Subpoenas served on hospitals and doctor offices must be accompanied by a HIPAA authorization. Otherwise, the recipients are not required to comply. In fact, such a subpoena must state, in conspicuous, bold typeface, that the records shall not be produced unless the subpoena is accompanied by a written authorization from the patient.

Following New York statutes, we will deliver the subpoena along with the HIPAA Authorization to the hospital or doctors’ office, so the entity will honor the notice.

Hospitals and doctors’ offices also require a witness fee in order to produce the records. In New York, you are required to pay a witness fee of $15, plus 23 cents per mile of round trip. Nonpayment voids the duty to appear. Serve Index LLC will calculate the witness fee, so you can prepare them promptly.

Although serving subpoenas on healthcare providers are more complex than conventional cases, Serve Index LLC has proven our diligence and timeliness. Working with our team means you have the peace of mind that all requirements are fulfilled, and the notice is delivered on time.

Get in touch today for a free quotation.

 

 

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