Law Enforcement Records Request Form

The Federal Department of Health and Human Services issued a Final Rule tightening the conditions under which HIPAA-covered entities can disclose protected health information (PHI) to law enforcement pursuant to an “administrative request.” The compliance period for this statutory change has concluded. As such, general law enforcement requests solely on letterhead are no longer acceptable.

Pursuant to 45 C.F.R s. 164.512 (f)(1)(ii)(C), a request for records which contain an individual’s protected health information must be accompanied by or through an administrative request for which response is required by law. This may include but is not limited to an administrative subpoena or summons, or a civil or an authorized investigative demand. Our Department will also comply with a valid court order from a court of competent jurisdiction, a subpoena issued by a judicial officer, or a grand jury subpoena issued per 45 C.F.R s. 164.512 (f)(1)(ii)(A) or (f)(1)(ii)(B) to release records.

If you believe your request does not fall under 45 C.F.R s. 164.512 (f)(1)(ii)(C) and instead falls under 45 C.F.R s. 164.512 (f)(2) through (f)(6), please submit your request with required documentation and/or required assurances if applicable.

We encourage you to consult with your department’s leadership or counsel if you have any questions about this rule.