Results 1 to 9 of 9

Thread: What can be subpoenaed??? Kentucky

  1. #1
    Senior Member
    Join Date
    Sep 2008
    Posts
    458

    Default What can be subpoenaed??? Kentucky

    I have a production worker who is going though a divorce. I received a subpoenaed via registered mail from the non employee's attorney asking for "any and all documents related to the employee's employment including, but not limited to, all employee files, personnel files, attendance reports, work schedules, payroll documentations, documentation evidencing income and benefits, disciplinary proceedings, applications and resumes, FMLA-related documents, doctor's statements, worker's compensation documentation, medical records, and memorandums of understanding and or employment contracts."

    This employee has been with us for several years. How far back do we need to go on some of this? My other question is, I thought medical information due to HIPPA and other reasons is supposed to be confidential. Is that out the window when there is a subpoena?

    Thanks for your help!

  2. #2
    Senior Member
    Join Date
    Jul 2009
    Location
    Arkansas
    Posts
    152

    Default

    It is all subject. And if you as the employer have the information it is likely not HIPAA protected. If the employee wants to fight any of it is up to him and his lawyer and he needs to do it quickly because you have a deadline to respond.

  3. #3
    Senior Member
    Join Date
    Sep 2008
    Posts
    458

    Default

    But isn't FMLA medical information, short term disability medical information, and other info HIPPA protected? (I have all of that information).

  4. #4
    Senior Member
    Join Date
    Jun 2006
    Posts
    1,580

    Default

    does your employer have retained or internal counsel? I would immediately forward it to them and get their opinion before giving out any information.
    But my state is not yours, but this seems overreaching. And definitely let the employee know of the request so that his lawyer can also fight the subpeona.

    also check if WC records have confidentiality in your state...they might.

  5. #5
    Senior Member
    Join Date
    Jul 2006
    Posts
    1,892

    Default

    Quote Originally Posted by stryped View Post
    But isn't FMLA medical information, short term disability medical information, and other info HIPPA protected? (I have all of that information).
    Medical information given by the employee to the employer probably wouldn't be covered under HIPAA.

    From hhs.gov for who is covered by HIPAA

    Who is Covered by the Privacy Rule

    The Privacy Rule, as well as all the Administrative Simplification rules, apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities”). For help in determining whether you are covered, use CMS's decision tool.

  6. #6
    Moderator
    Join Date
    Jan 2006
    Location
    MD
    Posts
    15,036

    Default

    No, you aren't violating HIPAA for the reasons stated above and the fact that complying with a court order is an exception even if you were covered by HIPAA. WC records are also likewise exempt from HIPAA in every state.

    It is not unusual to get these "kitchen sink" requests. What I have done is contacted the attorney who made the request to find out what they really want/need. As long as it is within the bounds of the subpoena, you are fine to turn it over.

    You could just err on the side of caution and turn over everything, but if you are talking about a long term employee, the fact that they stubbed their toe and filed a WC claim 20 years ago is pretty meaningless and a waste of your time.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

  7. #7
    Super Moderator
    Join Date
    Jun 2006
    Location
    California
    Posts
    12,713

    Default

    Change of subject, but it is times like this I am glad to be on the payroll/finance side of things. There are some questions that I do not want to know the answers to.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

  8. #8
    Senior Member
    Join Date
    Jun 2009
    Location
    Merida, Mexico
    Posts
    1,022

    Default

    Quote Originally Posted by ElleMD View Post
    No, you aren't violating HIPAA for the reasons stated above and the fact that complying with a court order is an exception even if you were covered by HIPAA. WC records are also likewise exempt from HIPAA in every state.

    It is not unusual to get these "kitchen sink" requests. What I have done is contacted the attorney who made the request to find out what they really want/need. As long as it is within the bounds of the subpoena, you are fine to turn it over.

    You could just err on the side of caution and turn over everything, but if you are talking about a long term employee, the fact that they stubbed their toe and filed a WC claim 20 years ago is pretty meaningless and a waste of your time.
    See bolded bit. Best advice you're gonna get. I get these requests all the time, and when I call, I find out they actually want a whole lot less than their standard form "kitchen sink" letter asks for. (Not that you'll bother, but still, if you're at all interested in anything I might say, it's the best thing you can possibly do in this situation.)

  9. #9
    Senior Member
    Join Date
    May 2015
    Posts
    252

    Default

    Yes, if you call, you will probably find out the lawyer is only really interested in income related items, and probably only back a few years. Absolutely take Elle's advice and find out what they actually want to know. It will likely save you hours of work.

Similar Threads

  1. Can a minor be subpoenaed? Ohio
    By mckaitkal35 in forum Juvenile
    Replies: 2
    Last Post: 05-29-2007, 02:30 AM
  2. What are Consequences of Being Subpoenaed
    By Guest in forum Small Claim Court
    Replies: 3
    Last Post: 03-09-2006, 11:04 AM
  3. Chubb subpoenaed over reinsurance
    By United Press International in forum Insurance Law
    Replies: 0
    Last Post: 05-12-2005, 08:30 AM
  4. Insurers subpoenaed in bid-rig inquiry
    By United Press International in forum Insurance Law
    Replies: 0
    Last Post: 11-12-2004, 08:40 AM
  5. Aon subpoenaed in compensation inquiry
    By United Press International in forum Insurance Law
    Replies: 0
    Last Post: 04-23-2004, 07:50 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •