Does a medical office have the right to request a fee for providing medical pursuant a subpoena duces tecum?

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February 7, 2018

Question

Medical office was served a subpoena for medical records for a civil case. They have submitted an invoice for the requested records, requiring payment prior to the mailing of these records. Is this legal in New York?

Answer

Yes, they do it all the time. It's ridiculous they charge that much for a paper copy - Ultimately, the patient (plaintiff) ends up paying for it as a case expense.

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