Legal Question in Civil Litigation in Pennsylvania
Subpoena
I am frequently asked to supply medical records for individuals I have seen in the past. These cases are involved in litigation and although I am not named in the suites, I do represent the custodian of the records. Often, but not exclusively, the cases involve Workers Compensation. The request for the records come as subpoenas and most recently, I have one that states that if costs exceed $40.00, I will need to have a deposition scheduled. The extent of the records, the administrative time and my need to have a notary sign off will exceed $40.00. The case is being heard about 150 miles from my office, is scheduled in about 2 weeks and I feel that their ''threat'' of a deposition is a misuse of the intent of a subpoena. The issue is not one of unwillingness to cooperate but one of usual and customary fee reimbersement. When I am asked to be an expert wittness at a deposition, it usually runs considerably more than $40.00 and is scheduled for a mutually agreeable time.
Please comment on my rights as a bystander to a legal action and my recourse to the threat of being inconvenienced if I don't meet their financial and temopral desires.
2 Answers from Attorneys
Re: Subpoena
If the "$40 tops" language is boilerplate, you probably can negotiate a fair charge; call the attorney and advise the number of records. Otherwise, you need a basis for a motion to quash the subpoena. Was there formal (personal) service of the subpoena? If there is a request for personal appearance at a deposition, is there an offer to pay your expenses as you will have to travel over 100 miles? Was the required Notice of Intention to Serve a Subpoena properly served before the subpoena was served?
This is general information for discussion purposes. Please feel free to contact me to discuss your individual situation.
Re: Subpoena
Pennsylvania enacted a special law to regulate the practice of medical record copy services.
The $40 may not be a threat, but just a cheapskate insurer who might rather send someone to look over the documents to see if they really need them.
Your office manager, secretary, or anyone can appear. And a subpoena is not valid in distant counties to compel an appearance, especially if it was served by mail.
Here's what the statute says, in part (the whole section can be seen at http://members.aol.com/StatutesP6/42PA6152.html
:
� 6152. Subpoena of records.
(a) Election.--
When a subpoena duces tecum is served upon any health care provider or an employee of any health care facility licensed under the laws of this Commonwealth, requiring the production of any medical charts or records at any action or proceeding, it shall be deemed a sufficient response to the subpoena if the health care provider or health care facility notifies the attorney for the party causing service of the subpoena, within three days of receipt of the subpoena, of the health care provider's or facility's election to proceed under this subchapter and of the estimated actual and reasonable expenses of reproducing the charts or records. However, when medical charts or records are requested by a district attorney or by an independent or executive agency of the commonwealth, notice pursuant to this section shall not be deemed a sufficient response to the subpoena duces tecum.
Except as provided in subparagraph (ii), the health care provider or facility or a designated agent shall be entitled to receive payment of such expenses before producing the charts or records. The payment shall not exceed $15 for searching for and retrieving the records; $1 per page for paper copies for the first 20 pages; 75� per page for pages 21 through 60; and 25� per page for pages 61 and thereafter; $1.50 per page for copies from microfilm; plus the actual cost of postage, shipping or delivery. No other charges for the retrieval, copying and shipping or delivery of medical records other than those set forth in this paragraph shall be permitted without prior approval of the party requesting the copying of the medical records.
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