As a regulated entity or individual, you have the discretion to decide whether to disclose data and how to release medical records, in accordance with local regulations.
For providers practicing in the US:
The below note relates to the use of our platform for US-based providers. Before disclosing data as directed under a subpoena we suggest checking:
Is the subpoena court or attorney-ordered?
Usually, court-ordered subpoenas must be followed unless the clinician objects in writing to the court. If an attorney orders a subpoena however, the client must be informed by the clinician and not object (or have given permission) for disclosure to occur.
Which information is being requested?
Upheal will inform you if a subpoena is received that affects the data of your clients. It is in your discretion whether to disclose the data and how to act, and follow HIPAA regulations regarding the lawful release of medical records.
Data that is finalized and reflects the patient’s medical record can be released under a subpoena, without the client’s written authorization or notification. In the Upheal platform this includes signed off notes. Under the HIPAA Privacy Rule these notes are classified as psychotherapy records (PRs).
Other data in the Upheal platform is strictly protected and it is recommended to obtain consent from your clients before any disclosure. This includes raw data in the Upheal platform such as transcripts and session recordings, Upheal generated insights, summaries and analytics and your private notes (process notes). Under the HIPAA Privacy Rule this data is classified as psychotherapy notes (PNs).
For providers practicing in Canada:
The below information relates to the use of our platform for Canada-based providers. Before disclosing data as directed under a subpoena we suggest checking:
Is the subpoena court or attorney-ordered?
In Canada, subpoenas for therapy records are generally issued through the court system, not by an attorney, ensuring judicial oversight. Court-ordered subpoenas must be followed and cannot be challenged.
Must a disclosure be made?
When a practitioner invokes medical privilege, they might still need to justify in court why the record should remain confidential. However, a practitioner can assert the client’s right to confidentiality if a client requests it. Practitioners should also obtain the client's written authorization before disclosing any confidential information.
Under the Personal Information Protection and Electronic Documents Act (PIPEDA), official medical records, such as signed-off therapy notes, can be released under subpoena without the client’s written authorization. Other sensitive and personal data is strictly protected and requires client consent before disclosure.