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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

28 Pa. Code § 115.28. Ownership.

§ 115.28. Ownership.

 Medical records are the property of the hospital, and they shall not be removed from the hospital premises, except for court purposes. Copies may be made available for authorized appropriate purposes such as insurance claims, and physician review, consistent with §  115.27 (relating to confidentiality of medical records).

Notes of Decisions


   The provisions of this section do not cover a situation where a subpoena has been issued for medical records where there is no case yet before a court, so the records obtained under such a subpoena were suppressed. Commonwealth v. Jolly, 486 A.2d 515 (Pa. Super. 1984).

   Since medical records are the property of the hospital, not each individual patient, and are to be removed from hospital premises only for court purposes, a subpoena for the production of such records was properly served on the hospital. In re June 1979 Allegheny County Investigating Grand Jury, 415 A.2d 73 (Pa. 1980).

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