Board Subpoenas , YES (usually); De Facto Search Warrants, NONote from Tim Bolen � A good many of our readers are from the �patient�
side of the medical/healthcare equation. But, for instance, there are
those of us that have spent our careers on both sides of that
practitioner/patient situation.
Health Professionals that can deal, successfully, with problems like Autism
(Vaccine Damage), need a much higher level of protection � because the
medical/health system frowns on cutting-edge innovation in health care. My
friend attorney Rick Jaffe has dealt with those challenges, successfully,
for years.
So, I am going to give all of you a glimpse of what goes on, legally,
behind the scenes, to protect cutting edge practitioners, with some
articles that would normally just go out to those hundred thousand or so of
cutting-edge practitioners.
I think you will find it all very interesting�
Texas Medical Board (TMB) personnel face damage claim for illegally trying
to search and seize medical records.
by Richard Jaffe JD
In the late 1980s, my New York law firm did some work for Robert Atkins
involving the New York medical board, (aka the Office of Professional
Medical Conduct). The board wanted the records of a number of his ozone
therapy patients. The patients didn�t want their records released, so Bob
Atkins hired our firm to try to quash the subpoena.
We made precedent, but not in a good way. The New York appellate court
ruled against us and held that the board has a right to medical records,
even over the objection of the patient. In virtually every state, with
some variations, a medical board can obtain patient medical records in the
absence of patient consent and despite HIPAA. (The one exception is
California where if the patient doesn�t want his or her records released,
the medical board has to go to court to convince a judge that there is good
cause for releasing the records. I am doing one of those cases right now.)
How this usually shakes out is that a physician receives a letter from the
board about a complaint and asks for medical records. The letter will also
usually include a subpoena and a business records affidavit form so that
the medical records can be admissible in an administrative proceeding. The
board�s letter usually gives the physician a few weeks to respond and
turn-over the records.
Not too long ago, the Texas Medical Board tried something different for a
doctor who they suspected might be operating an unregistered pain
management clinic. A medical board investigator along with a DEA agent
showed-up at a physician�s office and demanded access to certain medical
records on the spot using presenting an instant subpoena (subpoena
instantar)
To read the entire article click on:
http://bolenreport.com/board-subpoenas-yes-usually-de-facto-search-warrants-no/#more-3359
