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YOU ARE HERE : HOME / HIPAA Frequently Asked Questions / DISCLOSURES FAQ 2

2. When can I disclose PHI in response to a subpoena or to a request to testify in a legal proceeding?

Always contact the University's Legal Counsel prior to responding to a subpoena, request to testify, court order, or similar document. There are very limited circumstances in which PHI can be released, and Legal Counsel must determine if the circumstances exist.

You should not use a patient's PHI to testify as an expert witness without Authorization or a court order, even if you are the attending health care provider. For example, you should not use a medical record that belongs to the University or OU Medical Center to take to court to testify in an abuse case without a valid court order or Authorization.

NOTE: You're still required by University policy to have a contract in place to provide expert witness services.

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