Administrative Proceedings — Subpoenas — Claim of Privilege
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By
Samuel Bellicini
This is an administrative subpoena case that may affect attorney discipline investigations and whether a claim of privilege can be asserted.
The Medical Board investigated Dr. Fett for insurance billing fraud. The Board issued 3 subpoenas to Dr. Fett for complete patient files for 3 patients whose partial files Dr. Fett provided to the complaining insurance company.
Dr. Fett filed a petition for orders quashing the subpoenas because his patients objected to the production of their medical records. Held: Motion to Quash denied. The patients’ rights to privacy in this regard are trumped by “good cause” establishing a nexus between the goals of the investigation and the records sought.
Currently, an attorney may resist a State Bar subpoena for her client’s file on privilege and confidentiality grounds if the client did not make the complaint.