Can my landlord access undisclosed medical records through a subpoena?

Full question:

I am in litagation with my landlord. I have disclosed some medical history. They have issude a subpoena for my medical records to the doctors I disclosed. Can they get access to records of mine that I did not disclose? More specificly I received treatment at Haight and Ashbery a free clinic in San Francisco I did not disclose this information. Under the HIPPA law don't the free clinics help protect your information? THE DISCLAIMER FROM CLINIC SAY'S YOUR INFORMATION IS USED ONLY FOR INTERNAL REASONS AND POSSiBLY MEDICAL RESEARCH. BUT IT ALSO STATES THAT THEY WILL ISSUE INFORMATION FOR SUBPOENA OR COURT ORDER. IN OTHER WORDS HOW WILL THEY KNOW TO ASK THE CLINIC IN THE FIRST PLACE IF I NEVER DISCLOUSED THAT INFORMATION?

• Category: Medical Records
• Date: 04/07/2025
• State: California

Answer:

HIPAA (Health Insurance Portability and Accountability Act) protects your medical information, but it has limitations. When you disclose your medical history in a lawsuit, you may waive your right to confidentiality regarding that information. This means that your landlord may access relevant medical records, even those not disclosed, if they are pertinent to your case.

In California, health care providers cannot disclose medical information without patient authorization unless compelled by law, such as through a court order or subpoena (Cal. Civ. Code § 56.10). If your landlord has issued a subpoena, the clinic may be required to comply and provide records, even if you did not disclose your treatment at that clinic.

While the clinic's disclaimer states that your information is used for internal purposes and research, it also acknowledges that they must comply with subpoenas. Therefore, if your landlord knows about your treatment at Haight and Ashbury, they could potentially request those records. However, if you haven't disclosed this information, it may be less likely they would know to ask for it.