Responding to Subpoenas for Mental Health Records in California
In any case where the Plaintiff seeks compensation for mental distress or anguish, Defendants may find themselves needing to subpoena mental health records to probe into pre-existing mental health issues and the extent of the Plaintiff's current complaints. These records are subject to safeguards above and beyond the average medical record. Medical providers may find themselves in a conundrum since they must be protective of the patient's mental health records to comply with state and federal laws, but they are also legally required to comply with the subpoena in a timely manner. Two California laws provide the framework for responding to a subpoena requesting mental health records:
1) The Lanterman-Petris -Short ("LPS") Act or California Welfare and Institutions Code, Section 5328 et. seq.; and 2) The California Confidentiality of Medical Information Act ("CMIA") or Civil Code Section 56 et. seq.
Below is information about each law to take into consideration when responding to a subpoena.
Lanterman-Petris-Short Act...