Do California litigants (whose action was filed in California) need to obtain Commissions from the CA Court first before subpoenaing medical records of opposing party in Kentucky? Or can they just subpoena the medical records with the opposing party's signed authorization?
What is the procedure to obtain the out-of-state medical records in Kentucky?
1 Answer from Attorneys
If you have a signed release from the individual whose records you are trying to obtain, which complies with HIPAA, just send a letter to the provider with that release, no subpoena required. Otherwise, you would send a subpoena duces tecum, and ask the records custodian to supply the records in lieu of a deposition.
In Kentucky, our subpoenas are no longer issued by the court clerk for civil cases, just signed by the attorney. So, I'm sure any Kentucky providers will accept whatever subpoena form California uses with your case information.