Serving Legal Documents
- Serving Legal Documents Upon Lee Health and its Employees
- Subpoenas for Medical Records
- Subpoena Not Sufficient for Release of Medical Records – HIV, Mental Health and Substance Abuse
- Requesting a Copy of Your Own Medical Records
- Summons and Subpoenas for Depositions of Lee Health Personnel
- Subpoenas for Employment Records
- Costs of Producing Records
- Serving Summons for Child Support & Student Loan Repayment
- Serving a Complaint or Other Legal Proceeding (i.e. Wage Garnishments, Foreclosures, and Lawsuits)
Lee Health (“LMHS”) offers the following information to people wishing to serve legal documents, including subpoenas seeking records or testimony from Lee Health personnel.
Subpoenas should be hand-served by someone qualified and authorized to provide service of process under governing law. Lee Health will not produce records or information in response to subpoenas that do not meet legal requirements.
Subpoenas sent by facsimile transmission will not be accepted.
Hand-delivered subpoenas seeking medical records should be served upon the Medical Records Custodian at the hospital that treated the patient as follows:
Lee Memorial Hospital:Medical Records Custodian, Lee Memorial Hospital 2776 Cleveland Ave. Fort Myers, FL 33901 Phone: 239-343-2441 Fax: 239-343-3898 Monday – Friday, 8:30 a.m. to 5 p.m.
Cape Coral Hospital:Medical Records Custodian, Cape Coral Hospital 636 Del Prado Blvd. Cape Coral, FL 33990 Phone: 239-424-2301 Fax: 239-424-4058 Monday – Friday, 8:30 a.m. to 5 p.m.
Gulf Coast Medical Center:Medical Records Custodian, Gulf Coast Medical Center 13681 Doctor's Way Fort Myers, FL 33912 Phone: 239-343-0581 Fax: 239-343-0267 Monday – Friday, 8:30 a.m. to 5 p.m.
HealthPark Medical Center:Medical Records Custodian, HealthPark Medical Center 9981 S. HealthPark Dr. Fort Myers, FL 33908 Phone: 239-343-6700 Fax: 239-343-6440 Monday – Friday, 8:30 a.m. to 5 p.m.
Golisano Children’s Hospital of Southwest Florida:
Please use HealthPark Medical Center information above for medical record subpoenas.
If seeking medical records for patients treated at non-hospital locations, the subpoena should be directed to that non-hospital location. A list of physician practice locations is available at our Physician Search.
Records Containing Testing or Test Results for HIV:
A subpoena is not legally sufficient to obtain the release of medical records containing the identity of any person upon whom an HIV test is performed or the results of such a test. No person may disclose or be compelled to disclose the identity of any person upon whom an HIV test is performed, or the results of such test, except as provided by law and in accordance with LMHS policy.
Mental Health Records:
A subpoena for the release of medical records containing mental health records is not sufficient to release such records. Records involving the evaluation, diagnosis, care or treatment for mental illness are confidential and shall not be disclosed except as provided by The Florida Mental Health Act and in accordance with Lee Health policy. This includes, but is not limited to, records containing psychiatric consultations, psychiatric testing, Baker Act evaluations, and ECT reports.
Substance Abuse Services Records:
Records involving substance abuse services are confidential and shall not be disclosed except as provided by the Marchman Act and in accordance with Lee Health policy. Lee Health will not affirmatively reveal whether an identified individual has been, or is being, diagnosed or treated for substance abuse.
LMHS cannot, by law, comply with a subpoena for the above records. At the same time, Lee Health cannot disclose the specific reason for noncompliance, because to do so may effectively disclose the protected information.
If you seek a copy of your own medical records, or are authorized under governing law to request medical records of another person without a subpoena, you will find detailed instructions at:
Lee Health - Health Information Management.
Hand-delivered summons and subpoenas seeking depositions of Lee Health employees should be served as follows:Cape Coral Hospital, Human Resources 636 Del Prado Blvd. Cape Coral, FL 33990
Hand-delivered subpoenas seeking employment records of Lee Health employees should be served as follows:Cape Coral Hospital, Human Resources c/o Employment Records Custodian 636 Del Prado Blvd. Cape Coral, FL 33990
LMHS reserves the right to charge reasonable fees for the production of records in response to subpoenas, in accordance with Florida law. For certified copies of records, Lee Health may assess a charge of $1.00 per page.
Summonses against Lee Health employees for child support or student loan repayment enforcement need to be served at:Santa Barbara Office, Financial Services Dept. c/o Payroll Department 224 Santa Barbara Boulevard #203 Cape Coral, FL 33991
Lee Health is a public health system created by Special Act of the Florida Legislature. For additional information and to view LMHS’s Enabling Legislation please visit the following:
- Lee Health Legal Structure
- Lee Health - Special District Information
- Enabling Act - Chapter 2000-439 - House Bill No. 1615 (pdf)
Since Lee Health is a governmental entity created by Special Act, and not by Florida incorporation laws, Lee Health does not appear as a corporate entity registered with the Department of State, Division of Corporations. Lee Health is the entity authorized under the Enabling Legislation to be sued.
The following entities are not owned or controlled by Lee Health and are not in the business of providing health care services:
- Lee Memorial Hospital, Inc.
- Lee Healthcare Resources, Inc.
The following entities listed on the Florida Division of Corporations website (www.sunbiz.org) are not appropriate corporations to serve in legal matters involving LMHS:
- Lee Health Foundation, Inc.
- Lee Memorial Home Health, Inc.
- Lee Community Healthcare, Inc.
Similar to other governmental hospitals and health systems, Lee Health is listed by the Florida Department of Economic Opportunity. The Department’s Special District Report, which provides details about LMHS’s Registered Agent, can be found at: Florida Department of Economic Opportunity - Division of Community Development - Special District Accountability Program (external website).4