Effective January 1, 2014, Louisiana implemented a Presumptive Eligibility program, which allows qualified hospitals to be designated as entities qualified to make presumptive Medicaid eligibility determinations based on primary, self-attested information obtained from individuals seeking medical assistance. Once a hospital determines the presumptive eligibility of a patient, the hospital is guaranteed payment for services that are covered by the state Medicaid plan during a temporary period. If the patient turns out not to be eligible for Medicaid, there is no recoupment of the payments. The program is monitored and executed by the Louisiana Department of Health and Hospitals (“DHH”), which is the designated State Medicaid agency.

Written by: Danielle L. Borel

Frequently, requests for medical documents are accompanied by a set of questions to be filled out by the custodian turning over the records. The questions are designed to help the party receiving the documents establish that the records are “business records” under the rules of evidence. Surprisingly, many of these requests for information are improper. If a questionnaire accompanies a federal subpoena duces tecum, there is no obligation for a non-party to answer the questions. According to the Federal Rules of Civil Procedure, testimony from a non-witness—which includes a custodian of medical record—can only be garnered by three mechanisms: 1) consent of the non-party, 2) a subpoena for a deposition pursuant to Rule 45, or 3)a subpoena for a deposition by  written questions pursuant to Rule 31.

Written by: Danielle L. Borel

In 2013, Federal Rule of Civil Procedure 45—which address subpoenas—was amended to give parties in federal court nationwide service of process power. Where previously jurisdictional limits shielded people from responding to federal requests for production of medical records, amendments to the federal rules have eliminated this possible safe haven. Now, there is no geographical limit on a party to a federal suit’s ability to request medical documents through a subpoena duces tecum. As a result, a subpoena duces tecum served on a person in California requesting medical records by a party in Florida is valid and binding.

Written by: Danielle L. Borel