The below note relates to the use of our platform. 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).