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HIPAA and Subpoena Policy

We take our patients' privacy seriously

This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

Notice of Patients’ Privacy Rights
The notice of privacy practices is required by the Privacy Regulations created as a result of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This notice describes how health information about you or your legal dependent, as a patient of the NeuroGrow Brain Fitness Center, may be used and disclosed, and how you can access your individually identifiable health information. This notice first went into effect August 1, 2015 and was last modified October 22, 2018.

1. Our commitment to your privacy:
NeuroGrow Brain Fitness Center staff and Dr. Fotuhi are dedicated and committed to maintaining the privacy of your protected health information (PHI). Inconducting our business, we will create records regarding you and the treatment and services we provide to you. We are required by law to maintain the confidentiality and security of your protected health information. We also are required by law to provide you with this notice of our legal duties and the privacy practices that we maintain in our practice concerning your PHI. By federal and state law, we must follow the terms of the Notice of Patient’s Privacy Rights (“Notice”) that are in effect at the time.
If a breach of security or privacy occurs at any time, we will promptly notify you.
We will not use or share your information other than as described here unless you allow it in writing. You may revoke your permission at any time in writing.
We realize that these laws are complicated, but we must provide you with the following important information:

  • How we may use and disclose your PHI
  • Your privacy rights in your PHI
  • Our obligations concerning the use and disclosure of your PHI.

The terms of this notice apply to all records containing your PHI that are created or retained by our practice. We reserve the right to revise or amend this Notice of Privacy Practices. Any revision or amendment to this notice will be effective for all of your records that our practice has created or maintained in the past and for any of your records that we may create or maintain in the future. In the event of revision, a new copy will be provided to all patients. Our practice will post a copy of our current Notice in our offices in a visible location at all times, and you may request a copy of our most current Notice at any time.

2. If you have questions about this notice, please contact the Privacy Officer at: (703) 656-9747, NeuroGrow Brain Fitness Center, 8280 Greensboro Drive, Suite 240 McLean, Virginia 22102.

3. The different ways in which we may use and disclose your PHI:
The following categories describe the different ways in which we may use and disclose your PHI:

  • Treatment. NeuroGrow Brain Fitness Center may use your PHI to treat you. For example, we may ask you to have laboratory tests (such as blood or urine tests), and we may use the results to help us reach a diagnosis. We might use your PHI in order to write a prescription for you, or we might disclose your PHI to a pharmacy when we order a prescription for you. Many of the people who work for our practice — including, but not limited to, our doctors and practitioners — may use or disclose your PHI in order to treat you or to assist others in your treatment. Additionally, we may disclose your PHI to others who may assist in your care, such as your spouse, children, or parents. Finally, we may also disclose your PHI to other healthcare providers for purposes related to your treatment.
  • Payment. NeuroGrow Brain Fitness Center may use and disclose your PHI in order to bill and collect payment for the services and items you may receive from us. For example, we may contact your health insurer to certify that you are eligible for benefits (and for what range of benefits), and we may provide your insurer with details regarding your treatment to determine if your insurer will cover, or pay for, your treatment. We also may use and disclose your PHI to obtain payment from third parties that may be responsible for such service costs, such as family members. Also, we may use your PHI to bill you directly for service and items. We may disclose your PHI to other healthcare providers and entities to assist in their billing and collection efforts.
  • Healthcare Operations. NeuroGrow Brain Fitness Center may use and disclose your PHI to operate our business. Our practice may use your PHI to evaluate the quality of care you receive from us in order to make improvements, or to conduct cost-management and business planning activities for our practice. We may disclose your PHI to other healthcare providers and entities to assist in their healthcare operations. This will happen by signing the HIPAA release form that will be kept on file permanently.
  • Appointment Reminders. NeuroGrow Brain Fitness Center may use and disclose your PHI to contact you and remind you of an appointment.
  • Treatment Options. NeuroGrow Brain Fitness Center may use and disclose your PHI to inform you of potential treatment options or alternatives.
  • Health-Related Benefits and Services. NeuroGrow Brain Fitness Center may use and disclose your PHI to inform you of health-related benefits or services that may be of interest to you.
  • Release of Information to Family/Friends. NeuroGrow Brain Fitness Center may release your PHI to a friend or family member that is involved in your care or who assists in taking care of you. For example, a parent or guardian may ask that a babysitter take their child to the pediatricians’ office for treatment of a cold. In this example, the babysitter may have access to this child’s medical information.
  • Disclosures Required by Law. NeuroGrow Brain Fitness Center will use and disclose your PHI when we are required to do so by federal, state, or local law.

4. Use and disclosure of your PHI in certain special circumstances:
The following categories describe unique scenarios in which we may use or disclose your PHI:

  • Public Health Risks. NeuroGrow Brain Fitness Center may disclose your PHI to public health authorities that are authorized by law to collect information for the purpose of:
    • Maintaining vital records, such as births and deaths;
    • Reporting child abuse or neglect;
    • Notifying a person regarding potential exposure to a communicable disease;
    • Notifying a person regarding a potential risk for spreading or contracting a disease or condition;
    • Reporting reactions to drugs or problems with products or devices;
    • Notifying individuals if a product or device they may be using has been recalled;
    • Notifying appropriate governmental agency(ies) and authority(ies) regarding the potential abuse or neglect of an adult patient (including domestic violence); however, we will only disclose this information if the patient agrees or we are required or authorized by law to disclose this information; or
    • Notifying your employer under limited circumstances related primarily to workplace injury or illness or medical surveillance.
  • Health Oversight Activities. NeuroGrow Brain Fitness Center may disclose your PHI to a health oversight agency for activities authorized by law. Oversight activities can include, for example, investigations, inspections, audits, surveys, licensure, and disciplinary actions; civil, administrative, and criminal procedures or actions; or other activities necessary for the government to monitor government programs, compliance with civil rights laws, and the healthcare system in general.
  • Lawsuits and Similar Proceedings. NeuroGrow Brain Fitness Center may use and disclose your PHI in response to a court or administrative order, if you are involved in a lawsuit or similar proceeding. We also may disclose your PHI in response to a discovery request, subpoena, or other lawful process by another party involved in the dispute, but only if we have made an effort to inform you of the request or to obtain an order protecting the information the party has requested.
  • Law Enforcement. We may release PHI if asked to do so by a law enforcement official:
    Regarding a crime victim in certain situations, if we are unable to obtain the person’s agreement;
    Concerning a death we believe has resulted from criminal conduct;
    Regarding criminal conduct at our offices;
    To identify/locate a suspect, material witness, fugitive, or missing person; and
    In an emergency, to report a crime (including the location or victim[s] of the crime, or the description, identity, or location of the perpetrator).
  • Deceased Patients. NeuroGrow Brain Fitness Center may release PHI to a medical examiner or coroner to identify a deceased individual or to identify the cause of death. If necessary, we also may release information in order for funeral directors to perform their jobs.
  • Organ and Tissue Donation. NeuroGrow Brain Fitness Center may release your PHI as necessary to organizations that handle organ, eye, or tissue procurement or transplantation, including organ donation banks, to facilitate organ or tissue donation and transplantation if you are an organ donor.
  • Research. NeuroGrow Brain Fitness Center may use and disclose your PHI for research purposes in certain limited circumstances. As a covered entity, NeuroGrow is compliant with the standards set-forth under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) with regard to Protected Health Information (PHI). Data will be exported from NeuroGrow’s HIPAA-compliant password-protected database and saved as a file in Excel.Only NeuroGrow employees or contractors will have access to data to be used for analysis. The only PHI included in the Excel data file for statistical analysis will be the randomly-generated medical record number that is associated with each patient’s medical record at NeuroGrow, and dates that the patient received neurofeedback sessions, brain coaching sessions, or took cognitive or other tests in the program. The document that links a patient’s identity with this number is only accessible on the password-protected server. No identifiable PHI will be presented in a finalized manuscript. Only individuals involved in this study will have access to the data Excel file. We will obtain written authorization to use your PHI for research purposes except when our Internal Review Board or Privacy Board has determined that the waiver of your authorization satisfies the following:
    • The use or disclosure involves no more than a minimal risk to your privacy based on the following:
    • An adequate plan to protect the identifiers from improper use and disclosure;
    • An adequate plan to destroy the identifiers at the earliest opportunity consistent with the research (unless there is a health or research justification for retaining the identifiers or such retention is otherwise required by law); and
    • Adequate written assurances that the PHI will not be re-used or disclosed to any other person or entity (except as required by law) for authorized oversight of the research study, or for other research for which the use or disclosure would otherwise be permitted.
    • The research could not practicably be conducted without the waiver.
    • The research could not practicably be conducted without access to and use of the PHI.
  • Serious Threats to Health or Safety. NeuroGrow Brain Fitness Center may use and disclose your PHI when necessary to reduce or prevent a serious threat to your health and safety or the health and safety of another individual or the public. Under these circumstances, we will only make disclosures to a person or organization able to help prevent the threat.
  • Military. NeuroGrow Brain Fitness Center may disclose your PHI if you are a member of U.S. or foreign military forces (including veterans) and if required by the appropriate authorities.
  • National Security. NeuroGrow Brain Fitness Center may disclose your PHI to federal officials for intelligence and national security activities authorized by law. We also may disclose your PHI to federal officials in order to protect the president, other officials, or foreign heads of state, or to conduct investigations.
  • Inmates. NeuroGrow Brain Fitness Center may disclose your PHI to correctional institutions or law enforcement officials if you are an inmate or under the custody of a law enforcement official. Disclosure for these purposes would be necessary: (1) for the institution to provide healthcare services to you; (2) for the safety and security of the institution; and/or (3) to protect your health and safety or the health and safety of other individuals.
  • Workers’ Compensation. NeuroGrow Brain Fitness Center may release your PHI for workers’ compensation and similar programs, with your written permission

5. Your rights regarding your PHI:
You have the following rights regarding the PHI that we maintain about you:
Confidential Communication. You have the right to request that our practice communicate with you about your health and related issues in a particular manner or at a certain location. For instance, you may ask that we contact you at home, rather than work. In order to request a type of confidential communication, you must make a written request to Harpreet Kaur, our practice managerat: NeuroGrow Brain Fitness Center, 8280 Greensboro Drive, Suite 240 McLean, Virginia 22102 specifying the requested method of contact and/or the location where you wish to be contacted. NeuroGrow Brain Fitness Center will accommodate reasonable requests. You do not need to give a reason for your request.
Requesting Restrictions. You have the right to request a restriction in our use or disclosure of your PHI for treatment, payment, or healthcare operations. Additionally, you have the right to request that we restrict our disclosure of your PHI to only certain individuals involved in your care or the payment for your care, such as family members and friends. We are not required to agree to your request; however, if we do agree, we are bound by our agreement except when otherwise required by law, in emergencies, or when the information is necessary to treat you. In order to request a restriction in our use or disclosure of your PHI, you must make your request in writing to: NeuroGrow Brain Fitness Center, 8280 Greensboro Drive, Suite 240 McLean, Virginia 22102. Your request must describe in a clear and concise fashion:
The information you wish restricted;
Whether you are requesting to limit our practice’s use, disclosure, or both; and
To whom you want the limits to apply.
Inspection and Copies. You have the right to inspect and obtain an electronic or paper copy of the PHI that may be used to make decisions about you, including your patient medical records and billing records, but not including psychotherapy notes. You must submit your request in writing to: NeuroGrow Brain Fitness Center, 8280 Greensboro Drive, Suite 240 McLean, Virginia 22102. in order to inspect and/or obtain a copy of your PHI. Our Practice will charge a fee for the costs of copying, mailing, labor, and supplies associated with your request. Our practice may deny your request to inspect and/or copy in certain limited circumstances; however, you may request a review of our denial. Another licensed healthcare professional chosen by us will conduct reviews. Amendment. You may ask us to amend your health information if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is kept by or for our practice. To request an amendment, your request must be made in writing and submitted to: NeuroGrow Brain Fitness Center, 8280 Greensboro Drive, Suite 240 McLean, Virginia 22102. You must provide us with a reason that supports your request for amendment. Our practice will deny your request if you fail to submit your request (and the reason supporting your request) in writing. We may deny your request if you ask us to amend information that is in our opinion (1) accurate and correct; (2) not part of the PHI kept by or for the practice; (3) not part of the PHI that you would be permitted to inspect and copy; or (4) not created by our practice, unless the individual or entity that created the information is not available to amend the information. If we reject your request, you will be provided with a written answer detailing the rejection within 60 days. Accounting of Disclosures. All of our patients have the right to request an “accounting of disclosures.” An “accounting of disclosures” is a list of certain non-routine disclosures our practice has made of your PHI. The accounting will include a list of the times we have shared your health information, who we shared it with, and why. To obtain an accounting of disclosures, you must submit your request in writing to: NeuroGrow Brain Fitness Center, 8280 Greensboro Drive, Suite 240 McLean, Virginia 22102. All requests for an “accounting of disclosures” must state a time period, which may not be longer than six years from the date of disclosure and may not include dates before January 1, 2013. The first list you request within a 12-month period is free of charge, but our practice may charge you for additional lists within the same 12-month period. Our practice will notify you of other costs involved with additional requests, and you may withdraw your request before you incur any costs. Right to a Paper Copy of This Notice. You are entitled to receive a paper copy of our notice of privacy practices. You may ask us to give you a copy of this notice at any time. To obtain a paper copy of this notice, contact: NeuroGrow Brain Fitness Center, 8280 Greensboro Drive, Suite 240 McLean, Virginia 22102. Choose Someone to Act for You. If you have given another individual medical power of attorney or if someone is your legal guardian, you can choose that individual to make choices about your health information. Right to File a Complaint. If you believe your privacy rights have been violated, you may file a complaint with our practice or with the Secretary of the Department of Health and Human Services. To file a complaint with our practice, contact: Dr. Majid Fotuhi at NeuroGrow Brain Fitness Center, 8280 Greensboro Drive, Suite 240 McLean, Virginia 22102. To file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to: 200 Independence Avenue, S.W., Washington, DC 20201. You may also call 1-877-696-6775 or visit www.hhs.gov/ocr/privacy/hipaa/complaints. All complaints must be submitted in writing. You will not be penalized or retaliated against for filing a complaint. Right to Provide an Authorization for Other Uses and Disclosures. Our practice will obtain your written authorization for uses and disclosures that are not identified by this notice or permitted by applicable law. Any authorization you provide to us regarding the use and disclosure of your PHI may be revoked at any time in writing. After you revoke your authorization, we will no longer use or disclose your PHI for the reasons described in the authorization. Please note we are required to retain records of your care. If you have any questions regarding this notice or our health information privacy policies, please contact our Privacy and Security Officer at: NeuroGrow Brain Fitness Center, 8280 Greensboro Drive, Suite 240 McLean, Virginia 22102.

NeuroGrow Brain Fitness Center Subpoena Policy
Protected Health Information (PHI) may be disclosed pursuant to Code of Virginia, § 32.1- 127.1:03 Section H. In either case, NeuroGrow will disclose only that PHI expressly authorized by the subpoena or court order and only after determination the subpoena is accompanied by all required written notifications as expressly noted in the statute. NeuroGrow may contact its legal counsel to review and verify the legality of a subpoena requesting PHI served.

Recognizing Court Orders and Subpoenas
A court order may look similar to a subpoena, but legally it is a very different document. The issuance of this court order indicates that the case has been reviewed by a judge. The judge can either order that the requested information be disclosed, or can issue a protective order that prevents it from being “discovered” or admitted as evidence. Although the documents are similar, a court order can be distinguished from a subpoena by the fact that it is ordinarily identified as a court order on the first page, and it will be signed by the judge, not by a court clerk or an attorney.
A HIPAA-covered health care provider or health plan may share protected health information without patient consent if it has a court order. However, NeuroGrow may only disclose the information specifically described in the order.
A Subpoena is issued by an attorney, clerk of the court or another party on behalf of plaintiff or defendant. NeuroGrow may disclose information to a party issuing a subpoena only if the notification requirements of the HIPAA Privacy Rule and Virginia law are met.

Procedure
Upon receiving a subpoena or court order, NeuroGrow will verify the identity and authority of the individuals requesting PHI. Any employee receiving a subpoena or court order for records shall immediately notify Dr. Fotuhi and provide a copy of the subpoena or court order for review.
For court orders, NeuroGrow will disclose only that PHI expressly authorized by such order.
Prior to disclosing PHI requested via subpoena, NeuroGrow will verify that the subpoena contains all the required elements as established by the Virginia Code:
A statement that a copy of the subpoena has been provided to the patient and/or patient’s counsel
A return date no earlier than 15 days from date of subpoena unless accompanied by a court order for a shorter time frame.
A Notice to the Individual reminding them of their rights and remedies as worded in H.1
A Notice to Health Care Entities in bold as in H.1
The notice must be pursuant to Section H, 5,6,7 contain sufficient information about the litigation or proceeding to permit the individual to raise an objection.
If the subpoena is not accompanied by a court order, NeuroGrow will disclose PHI only after obtaining satisfactory assurances from the party seeking the information that they have made reasonable efforts:
To notify the individual who is the subject of the requested PHI (in compliance with Virginia notice requirements, below), or Determined if a Motion to Quash has been submitted.
A motion to quash a subpoena may be filed by a provider (including NeuroGrow), a patient, or a party in a case. NeuroGrow will not disclose PHI unless it first receives a written certification from the party on whose behalf the subpoena was issued that the time for filing a motion to quash has elapsed and that no motion to quash was filed. Typically this certification will be provided in a letter from the attorney that issued the subpoena. Once the written certification is received, NeuroGrow will comply with the subpoena duces tecum by returning the specified health records by either the return date on the subpoena or five days after receipt of the certification, whichever is later.

A copy of the subpoena, correspondence, and any documents produced for the subpoena must be retained in the patient’s chart

Code of Virginia Title 32.1. Health Chapter 5. Regulation of Medical Care Facilities and Services § 32.1-127.1:03.

Health records privacy

H. Pursuant to this subsection:
1. Unless excepted from these provisions in subdivision 9, no party to a civil, criminal or administrative action or proceeding shall request the issuance of a subpoena duces tecum for another party’s health records or cause a subpoena duces tecum to be issued by an attorney unless a copy of the request for the subpoena or a copy of the attorney-issued subpoena is provided to the other party’s counsel or to the other party if pro se, simultaneously with filing the request or issuance of the subpoena. No party to an action or proceeding shall request or cause the issuance of a subpoena duces tecum for the health records of a nonparty witness unless a copy of the request for the subpoena or a copy of the attorney-issued subpoena is provided to the nonparty witness simultaneously with filing the request or issuance of the attorney-issued subpoena.

No subpoena duces tecum for health records shall set a return date earlier than 15 days from the date of the subpoena except by order of a court or administrative agency for good cause shown.

When a court or administrative agency directs that health records be disclosed pursuant to a subpoena duces tecum earlier than 15 days from the date of the subpoena, a copy of the order shall accompany the subpoena.

Any party requesting a subpoena duces tecum for health records or on whose behalf the subpoena duces tecum is being issued shall have the duty to determine whether the individual whose health records are being sought is pro se or a nonparty.

In instances where health records being subpoenaed are those of a pro se party or nonparty witness, the party requesting or issuing the subpoena shall deliver to the pro se party or nonparty witness together with the copy of the request for subpoena, or a copy of the subpoena in the case of an attorney-issued subpoena, a statement informing them of their rights and remedies. The statement shall include the following language and the heading shall be in boldface capital letters:

Notice to Individual
The attached document means that (insert name of party requesting or causing issuance of the subpoena) has either asked the court or administrative agency to issue a subpoena or a subpoena has been issued by the other party’s attorney to your doctor, other health care providers (names of health care providers inserted here) or other health care entity (name of health care entity to be inserted here) requiring them to produce your health records. Your doctor, other health care provider or other health care entity is required to respond by providing a copy of your health records. If you believe your health records should not be disclosed and object to their disclosure, you have the right to file a motion with the clerk of the court or the administrative agency to quash the subpoena. If you elect to file a motion to quash, such motion must be filed within 15 days of the date of the request or of the attorney-issued subpoena. You may contact the clerk’s office or the administrative agency to determine the requirements that must be satisfied when filing a motion to quash and you may elect to contact an attorney to represent your interest. If you elect to file a motion to quash, you must notify your doctor, other health care provider(s), or other health care entity, that you are filing the motion so that the health care provider or health care entity knows to send the health records to the clerk of court or administrative agency in a sealed envelope or package for safekeeping while your motion is decided.

2. Any party filing a request for a subpoena duces tecum or causing such a subpoena to be issued for an individual’s health records shall include a Notice in the same part of the request in which the recipient of the subpoena duces tecum is directed where and when to return the health records. Such notice shall be in boldface capital letters and shall include the following language:

Notice to Healthcare Facilities
A COPY OF THIS SUBPOENA DUCES TECUM HAS BEEN PROVIDED TO THE INDIVIDUAL WHOSE HEALTH RECORDS ARE BEING REQUESTED OR HIS COUNSEL. YOU OR THAT INDIVIDUAL HAS THE RIGHT TO FILE A MOTION TO QUASH (OBJECT TO) THE ATTACHED SUBPOENA. IF YOU ELECT TO FILE A MOTION TO QUASH, YOU MUST FILE THE MOTION WITHIN 15 DAYS OF THE DATE OF THIS SUBPOENA. YOU MUST NOT RESPOND TO THIS SUBPOENA UNTIL YOU HAVE RECEIVED WRITTEN CERTIFICATION FROM THE PARTY ON WHOSE BEHALF THE SUBPOENA WAS ISSUED THATTHE TIME FOR FILING A MOTION TO QUASH HAS ELAPSED AND THAT:
NO MOTION TO QUASH WAS FILED; OR
ANY MOTION TO QUASH HAS BEEN RESOLVED BY THE COURT OR THE ADMINISTRATIVE AGENCY AND THE DISCLOSURES SOUGHT ARE CONSISTENT WITH SUCH RESOLUTION.
IF YOU RECEIVE NOTICE THAT THE INDIVIDUAL WHOSE HEALTH RECORDS ARE BEING REQUESTED HAS FILED A MOTION TO QUASH THIS SUBPOENA, OR IF YOU FILE A MOTION TO QUASH THIS SUBPOENA, YOU MUST SEND THE HEALTH RECORDS ONLY TO THE CLERK OF THE COURT OR ADMINISTRATIVE AGENCY THAT ISSUED THE SUBPOENA OR IN WHICH THE ACTION IS PENDING AS SHOWN ON THE SUBPOENA USING THE FOLLOWING PROCEDURE:
PLACE THE HEALTH RECORDS IN A SEALED ENVELOPE AND ATTACH TO THE SEALED ENVELOPE A COVER LETTER TO THE CLERK OF COURT OR ADMINISTRATIVE AGENCY WHICH STATES THAT CONFIDENTIAL HEALTH RECORDS ARE ENCLOSED AND ARE TO BE HELD UNDER SEAL PENDING A RULING ON THE MOTION TO QUASH THE SUBPOENA. THE SEALED ENVELOPE AND THE COVER LETTER SHALL BE PLACED IN AN OUTER ENVELOPE OR PACKAGE FOR TRANSMITTAL TO THE COURT OR ADMINISTRATIVE AGENCY.

3. Upon receiving a valid subpoena duces tecum for health records, health care entities shall have the duty to respond to the subpoena in accordance with the provisions of subdivisions 4, 5, 6, 7, and 8.

4. Except to deliver to a clerk of the court or administrative agency subpoenaed health records in a sealed envelope as set forth, health care entities shall not respond to a subpoena duces tecum for such health records until they have received a certification as set forth in subdivision 5 or 8 from the party on whose behalf the subpoena duces tecum was issued. If the health care entity has actual receipt of notice that a motion to quash the subpoena has been filed or if the health care entity files a motion to quash the subpoena for health records, then the health care entity shall produce the health records, in a securely sealed envelope, to the clerk of the court or administrative agency issuing the subpoena or in whose court or administrative agency the action is pending. The court or administrative agency shall place the health records under seal until a determination is made regarding the motion to quash. The securely sealed envelope shall only be opened on order of the judge or administrative agency. In the event the court or administrative agency grants the motion to quash, the health records shall be returned to the health care entity in the same sealed envelope in which they were delivered to the court or administrative agency. In the event that a judge or administrative agency orders the sealed envelope to be opened to review the health records in camera, a copy of the order shall accompany any health records returned to the health care entity. The health records returned to the health care entity shall be in a securely sealed envelope.

5. If no motion to quash is filed within 15 days of the date of the request or of the attorney-issued subpoena, the party on whose behalf the subpoena was issued shall have the duty to certify to the subpoenaed health care entity that the time for filing a motion to quash has elapsed and that no motion to quash was filed. Any health care entity receiving such certification shall have the duty to comply with the subpoena duces tecum by returning the specified health records by either the return date on the subpoena or five days after receipt of the certification, whichever is later.

6. In the event that the individual whose health records are being sought files a motion to quash the subpoena, the court or administrative agency shall decide whether good cause has been shown by the discovering party to compel disclosure of the individual’s health records over the individual’s objections. In determining whether good cause has been shown, the court or administrative agency shall consider (i) the particular purpose for which the information was collected; (ii) the degree to which the disclosure of the records would embarrass, injure, or invade the privacy of the individual; (iii) the effect of the disclosure on the individual’s future health care; (iv) the importance of the information to the lawsuit or proceeding; and (v) any other relevant factor.

7. Concurrent with the court or administrative agency’s resolution of a motion to quash, if subpoenaed health records have been submitted by a health care entity to the court or administrative agency in a sealed envelope, the court or administrative agency shall: (i) upon determining that no submitted health records should be disclosed, return all submitted health records to the health care entity in a sealed envelope; (ii) upon determining that all submitted health records should be disclosed, provide all the submitted health records to the party on whose behalf the subpoena was issued; or (iii) upon determining that only a portion of the submitted health records should be disclosed, provide such portion to the party on whose behalf the subpoena was issued and return the remaining health records to the health care entity in a sealed envelope.

8. Following the court or administrative agency’s resolution of a motion to quash, the party on whose behalf the subpoena duces tecum was issued shall have the duty to certify in writing to the subpoenaed health care entity a statement of one of the following:
All filed motions to quash have been resolved by the court or administrative agency and the disclosures sought in the subpoena duces tecum are consistent with such resolution; and, therefore, the health records previously delivered in a sealed envelope to the clerk of the court or administrative agency will not be returned to the health care entity;
All filed motions to quash have been resolved by the court or administrative agency and the disclosures sought in the subpoena duces tecum are consistent with such resolution and that, since no health records have previously been delivered to the court or administrative agency by the health care entity, the health care entity shall comply with the subpoena duces tecum by returning the health records designated in the subpoena by the return date on the subpoena or five days after receipt of certification, whichever is later;
All filed motions to quash have been resolved by the court or administrative agency and the disclosures sought in the subpoena duces tecum are not consistent with such resolution; therefore, no health records shall be disclosed and all health records previously delivered in a sealed envelope to the clerk of the court or administrative agency will be returned to the health care entity;
All filed motions to quash have been resolved by the court or administrative agency and the disclosures sought in the subpoena duces tecum are not consistent with such resolution and that only limited disclosure has been authorized. The certification shall state that only the portion of the health records as set forth in the certification, consistent with the court or administrative agency’s ruling, shall be disclosed. The certification shall also state that health records that were previously delivered to the court or administrative agency for which disclosure has been authorized will not be returned to the health care entity; however, all health records for which disclosure has not been authorized will be returned to the health care entity; or
All filed motions to quash have been resolved by the court or administrative agency and the disclosures sought in the subpoena duces tecum are not consistent with such resolution and, since no health records have previously been delivered to the court or administrative agency by the health care entity, the health care entity shall return only those health records specified in the certification, consistent with the court or administrative agency’s ruling, by the return date on the subpoena or five days after receipt of the certification, whichever is later.
A copy of the court or administrative agency’s ruling shall accompany any certification made pursuant to this subdivision.
9. The provisions of this subsection have no application to subpoenas for health records requested under § 8.01-413, or issued by a duly authorized administrative agency conducting an investigation, audit, review or proceedings regarding a health care entity’s conduct.
The provisions of this subsection shall apply to subpoenas for the health records of both minors and adults.

Nothing in this subsection shall have any effect on the existing authority of a court or administrative agency to issue a protective order regarding health records, including, but not limited to, ordering the return of health records to a health care entity, after the period for filing a motion to quash has passed.

A subpoena for substance abuse records must conform to the requirements of federal law found in 42 C.F.R. Part 2, Subpart E.

I. Health care entities may testify about the health records of an individual in compliance with §§ 8.01-399 and 8.01-400.2.

J. If an individual requests a copy of his health record from a health care entity, the health care entity may impose a reasonable cost-based fee, which shall include only the cost of supplies for and labor of copying the requested information, postage when the individual requests that such information be mailed, and preparation of an explanation or summary of such information as agreed to by the individual. For the purposes of this section, “individual” shall subsume a person with authority to act on behalf of the individual who is the subject of the health record in making decisions related to his health care.

K. Nothing in this section shall prohibit a health care provider who prescribes or dispenses a controlled substance required to be reported to the Prescription Monitoring Program established pursuant to Chapter 25.2 (§ 54.1-2519 et seq.) of Title 54.1 to a patient from disclosing information obtained from the Prescription Monitoring Program and contained in a patient’s health care record to another health care provider when such disclosure is related to the care or treatment of the patient who is the subject of the record.