If the records sought are those for treatment of alcohol or drug abuse, they are not to be released without the patient's consent or a court order issued after a hearing is held on the matter. The release of alcohol and drug abuse records is governed by federal law. Mental health records and those concerning dangerous communicable diseases may also require a court hearing to determine whether the records should be released without the patient's consent. State laws differ as to the procedure to be followed, but most states require more than a subpoena or even a court order, issued without a hearing, in order to release these kinds of health records. These rules and comments are not meant to exhaust all issues that may arise with respect to subpoenas and other requests for confidential records.
State laws vary.
The facts of any given situation are unique and may not have been anticipated here. They are, however, a practical start. Phyllis Garrison, Esq. Inc. All rights reserved.