Notice required

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  1. (a) Any party in litigation that receives or obtains a copy of a patient's medical records from a doctor, hospital, or other custodian of records by using a subpoena, court order, or consent form signed by the patient shall provide written notice of the receipt of the records to the:

    1. (1) Patient; or

    2. (2) Patient's attorney if the patient is represented by an attorney.

  2. (b) The notice required by subsection (a) of this section may be made by:

    1. (1) Any form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or the agent of the addressee; or

    2. (2) Facsimile with a receipt or transaction report showing that the transmittal was received.

  3. (c) The notice required by subsection (a) of this section shall include the name and address of the provider for each record that was obtained.


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