Filed: Apr. 16, 2015
Latest Update: Apr. 16, 2015
Summary: ORDER DONALD G. WILKERSON , Magistrate Judge . On April 3, 2015, a discovery dispute conference was held in which Plaintiff and Defendant appeared by counsel. The dispute centers on Plaintiff's medical records related to treatment he received at the Heartland Regional Medical Center ("Heartland RMC") in Marion, Illinois in —. Defendant issued a subpoena to Heartland RMC on February 5, 2015 seeking: "Any and all records regarding Lowell Bruce Testory . . . back, spine, hip, or other orthope
Summary: ORDER DONALD G. WILKERSON , Magistrate Judge . On April 3, 2015, a discovery dispute conference was held in which Plaintiff and Defendant appeared by counsel. The dispute centers on Plaintiff's medical records related to treatment he received at the Heartland Regional Medical Center ("Heartland RMC") in Marion, Illinois in —. Defendant issued a subpoena to Heartland RMC on February 5, 2015 seeking: "Any and all records regarding Lowell Bruce Testory . . . back, spine, hip, or other orthoped..
More
ORDER
DONALD G. WILKERSON, Magistrate Judge.
On April 3, 2015, a discovery dispute conference was held in which Plaintiff and Defendant appeared by counsel.
The dispute centers on Plaintiff's medical records related to treatment he received at the Heartland Regional Medical Center ("Heartland RMC") in Marion, Illinois in —. Defendant issued a subpoena to Heartland RMC on February 5, 2015 seeking: "Any and all records regarding Lowell Bruce Testory . . . back, spine, hip, or other orthopedic injuries from 1/1/2004-Present." In response, Heartland RMC, through the Health Information Management Department, indicated that it was unable to comply because the records are confidential and that they require either a specific waiver or a court order. Plaintiff has indicated that he does not want to sign a waiver because he does not wish to disclose any medical condition unrelated to the accident and medical treatment that are at issue in this case.
In order the move these proceedings along and protect sensitive health information, the following is hereby ORDERED:
1. Heartland RMC is ORDERED to submit to the Court, in a sealed envelope for in camera inspection, the medical records of Lowell Bruce Testory, from April 10, 2011 to the present as described in the attached subpoena by May 4, 2015.1
2. The Court will review the medical records and determine whether any or all of the information is relevant to this matter.
3. The Clerk of Court is DIRECTED to mail a copy of this Order (along with the attachments thereto), by certified mail (return receipt requested) to:
IT IS SO ORDERED.
EXIBIT
EXIBIT
Date: 2/19/2015
To: Defranco And Bradley
141 Marketplace Suite 104,
Fairview Heights, IL 62208
From: Health Information Management Department
Heartland Regional Medical Ctr
3333 W Deyoung St
Marion, IL 62959-5884
Re: Authorization Sensitive Information
Medical Records Request for Bruce Testory
We are unable to comply with your request at this time for the following reason(s):
The information contained in the above-referenced patient's medical record is confidential under the law. Although all PHI is considered protected; there are specific types of information considered especially sensitive such as, drug/alcohol use or abuse, HIV/AIDS testing and/or results, communicable diseases, mental health, etc. Special authorization from the patient and possibly a witness must be obtained for disclosure to occur.
Please provide a patient authorization that specifies permission is given to disclose such information. Please also have this authorization signed by a witness. Please note the authorization MUST utilize language that is specific to the categories listed above. If patient authorization cannot be obtained we will need a court order signed by a judge in order to release these records.
Please re-submit your request with the necessary information.
Thank you,
Health Information Management Department
FootNotes
1. The original subpoena requests medical records from January 1, 2004 to the present. The time period has been shortened by Defendants as indicated at the hearing.
