Asked Questions of Kopy Kat
Medical/ Employment/ Insurance Records
Q. How quickly can you get me the records?
A. The answer to this question is “it depends”.on the type
of file you are working on. If you are attempting to obtain records via
a signed medical release and the Custodian of Records will allow Kopy
Kat to copy records immediately then we can secure records the same day.
A medical provider may choose to wait five (5) business days to allow
the records to be copied. (Evidence Code 1158).
The time frame for a civil subpoena request may vary as well. The general
policy of Kopy Kat is to make the due date of the subpoena 30 (thirty)
days from the date of issuance. This is done as a practical matter to
ensure all parties are properly notified. pursuant to CCP 1985.3 and 1010.
Workers Compensation subpoena requests are “supposed” to be
complied with within five (5) business days of the date of service of
the subpoena duces tecum. While some medical facilities comply in a timely
fashion this unfortunately is not the norm.
Q. I need records immediately, how do I get the records now?
RUSH Civil subpoena requests are handled in the following manner. The
subpoena and a Notice to Consumer waiver is hand served to all opposing
counsel (CCP 1010) the same day. All parties are requested to sign the
waiver releasing his/her rights to the Notice to Consumer. If all counsel
waive their rights to the Notice to Consumer, the subpoena is served to
the facility and records are immediately copied and delivered. If any
party declines to waive their rights then the records cannot be copied
until one (1) day after the due date of the subpoena.
Q. I need to subpoena records from another State. Does the facility have
A. An out of State facility is not required to comply with a California
State subpoena. California law has no jurisdiction across State boundaries.
Our experience is most organizations DO comply. Additional avenues to
secure records include an Out of State Commission, etc. For details call
Q. I did not receive all the records. Why didn’t you copy all the
A. Kopy Kat has no means of knowing if all records were produced. Upon
service of a subpoena our field representatives request the Custodian
of Records fully read the subpoena and its request. Follow up calls are
made. Should a facility not have any of the records requested an affidavit
is signed stating what records are not found.
An affidavit is produced to your office on every subpoena request. Should
you believe there to be missing/incomplete records please contact us.
If possible please provide concrete evidence indicating the existence
of more records. Kopy Kat will make every effort to secure the records..
Q. Why doesn’t a mental health provider have to comply with a subpoena
A. Health care professionals dealing in psychiatric, drug and/or alcohol
abuse care are NOT required by law to comply with a subpoena duces tecum
under Federal Law. While you do have the right to full discovery, courts
have long held a patient’s confidentiality supersedes your right
to discovery.. The law is based on the belief society is better served
as a whole if a patient is able to share openly and freely with his/her
medical care provider in order to obtain proper medical care..
Q. I need to subpoena records from Kaiser but I don’t know where
the patient was treated.
A. In Southern California Kaiser is made up of three legal entities, Kaiser
Foundation Hospital (KFH), Southern California Permanente Medical Group
(SCPMG) and the mental health units. Each entity, KFH, SCPMG and mental
health, drug/ alcohol abuse keep separate charts. For instance if you
subpoena KFH records you will get only those records. You will not obtain,
nor will you be told by KFH that other records exist. In light of this
Kopy Kat will automatically open requests for both KFH and SCPMG.
B. In Northern California Kaiser works differently. It is not necessary
to separately subpoena records of the clinic and hospital. One subpoena
made out to Kaiser or Kaiser Permanente will generally enable you to secure
records from both the hospital and clinics within a geographical area.
These facilties handle in-patient and outpatient records.
C. IMPORTANT REMINDER/ NOTE Kaiser works in geographcal areas. Therefore
if you know where the patient lives or works Kopy Kat can typically determine
where the patient was treated. This, however, is not always the case due
to people moving, changing jobs, etc.
Q. Does Kopy Kat have the ability to duplicate x-rays?
A. Yes, Kopy Kat does have the ability to duplicate x-ray films. Kopy
Kat has the ability to duplicate x-ray films both on and off-site. Kopy
Kat can also duplicate full size x-ray films from 35 mm slides.. Kopy
Kat can also digitize x-rays/ mri’s and place them on CD-ROM for
storage, viewing, etc.
Q. How can I tell an original x-ray from a duplicate
A. Your firm will always receive duplicate x-rays from Kopy Kat. An original
x-ray can be differentiated from a duplicate by means of viewing the perimeter
of the film. If the film perimeter has a “notch” or “crescent
moon” on it then you have a duplicate.
Using the above guideline you can determine how far removed your film
is from the original film/s. For instance if there are two notches on
the perimeter you are looking at a third generation copy.
Q. Do you have a dedicated staff handling our firm’s work?
A. Yes, Kopy Kat will have a dedicated team to handling a firm's work.
Q. What resources do you use to locate a physician?
A. Kopy Kat uses a wide array of resources in locating doctors. Resources
include directory assistance, different phonetic spellings of a physician’
name, medical staffing offices at hospitals, prior medical records obtained
on your firm’s behalf, other physicians and medical groups in the
area, pharmacists, Board Of Quality Assurance, various State Boards, Secretary
of State, our own database, internet databases, internet directory assistance,
voter registration, fictitious business names and city halls.
If the above resources are exhausted we will notify you of our efforts
and request Kopy Kat be allowed to review other non-privileged subpoenaed
records in your discovery file. This is done only with the permission
of the attorney handling the file.
Kopy Kat also subscribes to CDB/ Infotek There is a charge for its use.
Q. Does Kopy Kat transcribe illegible, handwritten notes?
A. Kopy Kat does transcribe illegible, handwritten notes. Transcription
is performed by registered nurses. Transcribed notes are placed on colored
paper and placed directly behind the “original” document.
Q. What other services does Kopy Kat provide?
A. Kopy Kat is a complete litigation support service. Additional services
include; Services related to discovery; Process serving, develop and print
films, imaging, document coding, court searches, research public records,
document productions, bates stamping, courier, duplication of videotapes
and cassettes, transcription of witness statements and medical records,
color prints, overnight photocopying, mediation notebooks, conversion
of microfilm/ fiche to paper or CD-ROM and document depositories on complex
litigation. Trial Services include; Trial exhibits and enlargement, courtroom
graphics and illustrations, trial notebooks, trial subpoenas and personals