This bill amends R.S. 13:3715.1(B)(1) to update the procedures for the delivery of notice regarding subpoenas for medical records. It introduces the option for health care providers to receive notice of subpoenas via commercial courier, in addition to the existing methods of registered or certified mail. The bill maintains the requirement that the health care provider must receive an affidavit from the requesting party or their attorney, confirming that the subpoena pertains to a party in litigation and that notice has been properly delivered at least seven days prior to the issuance of the subpoena.
Additionally, the bill stipulates that subpoenas for medical records can only be issued if the health care provider has not received any legal action from the patient to restrain the release of those records. If the requesting party is the patient or their attorney, the affidavit must also confirm that the patient authorizes the release of the records. This amendment aims to streamline the process of obtaining medical records while ensuring that patients' rights are protected.
Statutes affected: HB27 Original: 13:1(B)(1)
HB27 Engrossed: 13:1(B)(1)
HB27 Enrolled: 13:1(B)(1)
HB27 Act : 13:1(B)(1)