How To Serve Process For Hospital Patients?
Process serving is not that easy as most of us think. Often locating the individual who needs to be given the paper is one of the most challenging tasks. When the person is at a high-security location, the problem gets more complicated. When it comes to serve the people in the hospital, the process server services provider needs to follow different procedures. It is not against the law to serve processes to them. But there are a few restrictions that help to protect their privacy. A process server should be informed about the challenges related to serving the process to the people in the hospital.
Beware Of HIPAA Violations
Unless the ward they are in must be protected by HIPAA, now the hospitals release the name of a patient, a statement of condition, and their location.
HIPPA restrictions do not prohibit people from calling a hospital to ask for an individual by name. Formerly, only family members could receive basic information such as whether a person is at the hospital and what room they are currently in.
When a hospital has admitted a person for substance abuse or psychiatric care, the process server will probably not legally be able to get access to them.
Disabled, Incapacitated, Or Incompetent Individuals
Begin by asking your client where you should direct the process. If they don’t know, refer to state law to guide your actions to remain legally and respectfully in the right.
In some cases, you should serve the administrator instead of the individual. In other cases, you will also need to serve the individual’s guardian or power of attorney.
You need to take additional consideration when serving processes to individuals who are permanently or temporarily disabled, incapacitated, or incompetent. You may find you are still able to deliver a process officially.
Review State Laws
When you have a working knowledge of the regulations, you can form a professional relationship with the hospital staff making you the go-to resource for process serving at that facility.
States have varying restrictions on hospital visits from affordable process server. Some states require a representative from the hospital to deliver the papers to the patient. Make sure to review the state laws where you intend to serve processes to a hospital. It could be that there are no additional obstacles for you to overcome. These challenges are better to know about ahead of time.