YoCierge is an expert on medical record retrieval in New York for law firms. Relevant rules in New York differ significantly from other states. The YoCierge portal integrates all the unique requirements necessary to comply with the NY state rules, especially the Civil Practice Law and Rule (CPLR), CPLR §3122 about objection and disclosure and CPLR §4518 concerning business records.
Obtaining Medical Records with Authorization in New York
Depending on if your case is in suit already, you might need to follow a different path to obtain the records. In either case, we suggest using either the YoCierge generally accepted YIPAA form or the New York State Department of Health OCA Official Form No. 960. Both forms are integrated into our portal, and they can be filled out and executed automatically without printing or scanning them.
If your case is already in suit, then you can take advantage of our CPLR §3122-a certification option, named after the specific rule providing guidelines for business records certification.
YoCierge will automatically fill out the form, thus the custodian needs to only sign and send it back to us. We will make sure that no record retrieval project is closed until all the 3122-a forms are received back.
Obtaining Medical Records with a Subpoena in New York
It does not matter if you represent a plaintiff or a defendant; you will still need to use a subpoena duces tecum to obtain certain documents (e.g., hospital records) in New York. YoCierge makes issuing and serving such subpoenas seamless.
Notification of Opposing and Co-Counsels in New York
We will take care of notifying the other counsel involved in your case. The notification will be either faxed or mailed via certified mailer. When faxed, we use a National Institute of Standards and Technology approved SHA-256 hash algorithm to ensure the integrity of the fax message. An audit log on the notification can be provided if needed to resolve any dispute around possible objections on a subpoena.
Electronic Delivery of Records for Opposing Counsel
In compliance with NY CPLR §2305(d), YoCierge delivers the obtained records in electronic format to all listed opposing and co-counsel for the case at no charge. The only information needed is the counsels’ email addresses. YoCierge encrypts the records in a HIPAA compliant AES-256 encryption before sending them and provides all information necessary for the receiving party to access them.