Motion To Quash Subpoena

MOTION TO QUASH SUBPOENA

STATE OF ________________

IN THE _________ COURT FOR THE COUNTY OF ______________

PLAINTIFF, Case No. _____________

Plaintiff,

v.

DEFENDANT, DEFENDANT 2,

and DEFENDANT 3,

Defendants.

PLAINTIFF’S MOTION TO QUASH DEFENDANT’S SUBPOENAS

NOW COMES Plaintiff, by and through his attorneys, the Law Offices of Michael J. Morse, P.C., and for his Motion to Quash Defendant’s Subpoenas, states as follows:

This is a third party automobile negligence case arising out of a collision that occurred on [date], causing serious and life-changing injuries to Plaintiff.

On or about [date], Defendant issued subpoenas to the following healthcare providers who treat and/or treated Plaintiff: Dr. John Doe, State Neurology Center, Advance Counseling Center, and State Head and Spine Institute.

Said subpoenas requested that the healthcare providers “produce any and all records and computer information pertaining to bills, invoices, receipts, and documents regarding payments, made to you or your business relating to monies received from the Law Offices of Michael J. Morse, P.C., from [date] to the present date.”

These subpoenas clearly violate statutory privacy laws and are subject to physician-client privilege, are not discoverable under the Michigan Court Rules, and constitute an abuse of the Michigan Court Rules regarding discovery.

WHEREFORE, Plaintiff respectfully requests that this Honorable Court quash these subpoenas in their entirety and award Plaintiff costs for necessitating the filing of the instant motion.

Respectfully submitted,

LAW OFFICES OF MICHAEL J. MORSE, P.C.

Attorneys for Plaintiff

_____________________________________

[Name]

[Address]

[Phone number]

Dated:

STATE OF _____________________

IN THE _______________ COURT FOR THE COUNTY OF _____________

PLAINTIFF, Case No. _____________

Plaintiff,

v.

DEFENDANT, DEFENDANT 2,

and DEFENDANT 3,

Defendants.

BRIEF IN SUPPORT OF PLAINTIFF’S MOTION TO QUASH DEFENDANT’S SUBPOENAS

As previously stated, Defendant’s subpoenas to the named healthcare providers request that they “produce any and all records and computer information pertaining to bills, invoices, receipts, and documents regarding payments, made to you or your business relating to monies received from the Law Offices of Michael J. Morse, P.C., from [date] to the present date.”

MCR 2.314 and 2.302 allow this Court to quash the subpoenas if the matter they seek are privileged or if they impose an undue burden on any person. Both of these conditions are met here.

A. THE HEALTHCARE PROVIDERS RECORDS OF PATIENT PAYMENTS ARE PRVILEGED FROM DISCLOSURE

Federal Privacy Regulations (HIPAA), Read Together with Michigan Law, Protect These Records from Disclosure

Defendant clearly believes that the privacy regulations prescribed under the Health Insurance Portability and Accountability Act (“HIPAA”) allows these records to be disclosed. He is mistaken. HIPAA, read together with Michigan law, protects these records from disclosure. The summary portion of the implementing regulations best explains the purpose of HIPAA:

The use of these standards will improve the efficiency and effectiveness of public and private health programs and health care services by providing enhanced protections for individually identifiable health information. These protections will begin to address growing public concerns that advances in electronic technology and evolution in the health care industry are resulting, or may result in a substantial erosion of the privacy surrounding individually identifiable health information maintained by health care providers, health plans and their administrative contractors.

Moreover, both the statute and the HHS regulations say that if state law provides more stringent privacy standards than the HHS...