§622-52 Subpoena duces tecum for medical records, compliance. [Section effective July 1, 2001. L Sp 2000 2nd, c 1, §1. For present provision, see main volume.] (a) Except as provided by section 323C-38(c), a subpoena duces tecum or discovery request for protected health information is valid only if accompanied by either a court order, or a written authorization signed in accordance with section 323C-23. An order issued under this section shall:
(1) Provide that the protected health information involved is subject to court protection;
(2) Specify to whom the information may be disclosed;
(3) Specify that the information may not be disclosed or used except as provided in the order; and
(4) Meet any other requirements that the court determines are needed to protect the confidentiality of the information.
(b) Whenever a subpoena duces tecum is served upon the custodian of medical records or other qualified witness from a health care provider, health plan, public health authority, employer, insurer, law enforcement official, educational institution, health oversight agency, health researcher, or medical facility, in a civil action or other proceeding in which the custodian or the custodian's employer is neither a party to the action or proceeding nor is it alleged that the claim arose at the office, facility, or institution to which the request for information is directed, and such subpoena requires the production in court, or before an officer, board, commission, or tribunal, of all or any part of the medical records of a patient who is or has been cared for or treated at the office, facility, or institution, it shall be sufficient compliance if the custodian or other qualified witness within five days after receipt of such subpoena, delivers by registered or certified mail or by messenger, a true and correct copy (which may be by any method described in rule 1001(4), Hawaii Rules of Evidence), of all the medical records described in such subpoena to the clerk of the court or the clerk's deputy authorized to issue it, together with the affidavit described in section 622-53.
(c) The copy of the medical records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, name of the custodian or other qualified witness, and date of the subpoena clearly inscribed thereon; the sealed envelope or wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and directed as follows:
(1) If the subpoena directs attendance in court, to the clerk of such court or the clerk's deputy authorized to issue it, at the courthouse; and
(2) In other cases, to the officer, board, commission, or tribunal conducting the hearing, at the place designated in the subpoena.
(d) The copy of the medical records shall remain sealed and shall be opened only at the time of trial, or other hearing, upon the direction of the judge, officer, board, commission, or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at such trial, or hearing, unless the parties or counsel in the proceeding otherwise agree, or unless the sealed envelope or wrapper is returned to the custodian or other qualified witness who is to appear personally. Copies of medical records that are not introduced in evidence or required as part of the record shall be returned by registered or certified mail or by messenger to the person or entity from whom received. If the copies of the medical records are introduced in evidence or are required as part of the record, they shall be returned by registered or certified mail or messenger to the person or entity from whom received as soon as their use is no longer needed, after the trial, or other hearing.
(e) This section shall not be construed to supersede any grounds that may apply under federal or state law for objecting to turning over the protected health information. [L 1971, c 139, pt of §1; am L 1972, c 104, §2(t), (u); gen ch 1985; am L 1987, c 283, §60; am L 1999, c 87, §4; am L 2000, c 91, §3]