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CEFARATTI GROUP HOLD FOR VIEW POLICY


At the written request of counsel, Cefaratti Group will arrange and administer a "Hold for View" of Patient Health Information which it has retrieved. Hold for View is designed to protect a civil litigant's HIPAA privacy, while allowing his or her opponent to obtain non-privileged, discoverable materials. The procedure is administered by Cefaratti Group electronically, and requires the attorney asserting the privilege to agree to a nominal administrative fee ($20.00 per authorization/medical record).

Any party who has provided Cefaratti Group with a medical authorization for the release of Patient Health Information (PHI) may initiate a request for Hold for View. If agreed to by both counsel (Plaintiff and Defense), the Hold for View will go forward. The standard procedure in such event is as follows:


Upon receipt of medical records* obtained as a result of a patient authorization, Cefaratti Group will digitize, Bates® number, and provide Plaintiff's counsel secure electronic access to the records for a 10 day review.

If Plaintiff's counsel wishes to prevent disclosure of specific records, he or she may do so by identifying via return email, the Bates number of those pages for which privilege is asserted. In such instance, Cefaratti Group will promptly forward the identified pages to the Court of record, under seal, for in camera review. The remaining unprivileged materials will be promptly released to opposing counsel along with notification of those specific pages which were forwarded separately to the Court.

If Plaintiff's counsel is agreeable to release of the complete record prior to the expiration of the review period, he or she may indicate this by return email and the records will be released to Defense counsel.

Upon the expiration of the review period, if no written objection has been made by the patient's attorney, complete records will be released to opposing counsel.

Records pending in "Hold" status at the settlement or conclusion of a case will be destroyed within 60 days or sent under seal to the Court at the written request of either party.

Any questions or notifications should be sent to recordsinfo@cefgroup.com.


*Note that X-rays, MRI's and CT scans cannot be sent electronically and therefore fall outside the scope of this service. Attorneys may arrange separately to appear and review such records at Cefaratti Group in person.

 
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