Certified Medical Assistant (CMA AAMA)Administrative: Billing, Coding and SchedulingHard
A physician's office receives a subpoena duces tecum requesting a patient's complete medical record for a pending lawsuit. What is the medical assistant's most appropriate first action?
- ARelease only the portions of the record the assistant believes are relevant to the case
- BNotify the physician and/or office's legal counsel and verify the subpoena's validity before releasing copies
- CImmediately mail the entire original chart to the requesting attorney
- DRefuse to release any records without a court order, regardless of the subpoena
Show answer & explanationAnswer & explanation
Correct answer: B. Notify the physician and/or office's legal counsel and verify the subpoena's validity before releasing copies
A subpoena duces tecum is a legal order requiring production of documents, but the office should first verify its validity, confirm any required patient authorization, and consult the physician/legal counsel before releasing records, and copies (not originals) should be sent following proper legal procedure. Medical assistants should never unilaterally decide what to release or withhold.
Why the other options are wrong
- A. Selectively releasing records based on personal judgment could violate legal requirements and patient rights.
- C. Original records should never be sent out; copies are provided and originals retained.
- D. A valid subpoena duces tecum is a legal document that generally must be honored, not simply refused.
Subpoena Duces Tecum
A legal order compelling a person or entity to produce specific documents or records, such as medical records, for use in a legal proceeding.
- Requires production of documents, unlike subpoena ad testificandum (testimony)
- Office should verify validity and consult legal counsel before responding
- Copies, not originals, are typically provided; originals remain in the practice's possession
Memory trick: Duces Tecum = 'bring the documents,' but verify before you deliver