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Patient records can be subpoenaed but the request has to be relevant to a case. the persons defense as well as the provider has the right to argue against the release, though their arguments can be overruled and the provider can be compelled to release records and testify as to your diagnosis, treatment, clinical observations, etc.
It’s wild how people will regularly assume HIPAA is some magic force that protects them from government overreach. It’s not, at all. I’m not specifically shitting on you because I see this claim repeated all the time, even just here in this thread. Your providers should make the limitations of HIPAA more clear to you. They’re probably more concerned with getting you in and out to maximize billable time bc fee for service billing is fucked. That’s a whole different nightmare
A priest during confessional has more protection from being compelled to testify than any doctor or therapist. They even have stronger protections than lawyers. Lawyer client privilege can be overturned if you are found to be abusing it to plan crimes. If you brag to a clergy about all the crimes you’re gonna do (though if they help they will be punished for helping, the confessional is still inadmissible and protected). They are even usually exempt from mandated reporter laws (even though they’re often in the highest risk categories for child sex abuse). It’s fucked that this country gives a pass to pedophiles to rape kids because of a historical precedent towards fucking nonsense; meanwhile the fields built on a base of evidence that need to build trust have a cornerstone of “oh the judicial system can compel me if you become their enemy but btw if you go to church you can literally confess to raping kids and the murder you’re planning and no one will rat you out”.
Source: work in healthcare and have had records subpoenaed (successfully fought off 2/3 attempts, fuck you government)
But granted they aren’t getting trumps records. No fucking way. Even if someone had the balls to charge him with something and claim they needed them as evidence he’d get the entire government to make sure that never happened, even if it meant falsifying or even destroying the documents
I did not know about the first paragraphs, as I'm not in states, and I agree with your analysis in the last paragraph.
There's no way anybody would get those records through subpoenas. Only way those records would see the light of day is if they're either leaked by an insider, looking to hang themselves in prison, or got hacked.