Q&A: Releasing records to attorneys
Compliance Monitor, August 4, 2010
Want to receive articles like this one in your inbox? Subscribe to Compliance Monitor!
Q: When an attorney requests we release all records, must we comply and send all of the patient’s medical records?
A: If the attorney’s request is accompanied by the patient’s authorization; review the authorization to determine what information the patient consented for release.If the patient’s authorization states that you may release “any and all records”, you still must apply minimum necessary criteria. Speak with the attorney to determine which records he or she needs and release only those records.
If a patient’s authorization specifies release of a limited subset of records, you must comply with that authorization, even if the attorney requests more information.
If a subpoena seeking “any and all records” accompanies the attorney’s request, you must apply minimum necessary criteria.
Mary D. Brandt, MBA, RHIA, CHE, CHPS answered this question in the August 2010 issue of the HCPro newsletter Health Information Compliance Insider. For more information about this newsletter visit the HCMarketplace.
Want to receive articles like this one in your inbox? Subscribe to Compliance Monitor!
Related Products
-
Strategies for Health Care Compliance
News and real-life examples to increase the effectiveness of your compliance program. Strategies for Health Care Compliance...
-
Compliance Monitor
This HTML e-mail newsletter delivers news on Medicare and Medicaid fraud and abuse, as well as recent documents and targets...
-
Medicare Weekly Update
Each issue of Medicare Weekly Update includes the latest CMS proposed and final rules, CMS manual revisions, and...
-
Medicare Update for Physician Services
Medicare Update for Physician Services is a free, monthly e-zine that delivers news and information to help physician...
-
Guide to HIPAA Auditing, Second Edition
This new edition of a best-selling book delivers the hands-on tools and guidance you need to conduct effective in-house...
Most Popular
- Articles
-
- Q/A: Volume requirement for reporting hydration services
- HIPAA Q&A: Level of encryption needed for email
- Featured blog post: Nurses face felony charges after reporting physician to the Texas Medical Board
- Catch up on what's new with injections and infusions
- Identify potential Medicaid RAC target areas
- Capturing all necessary codes for IUD insertion and removal can be challenging
- Topic: CMS, OESS post new security compliance review information, checklist
- What does case-mix index mean to you?
- OB services: Coding inside and outside of the package
- Q/A: Coding infusions to correct low potassium levels
- E-mailed
-
- Q/A: Volume requirement for reporting hydration services
- HIPAA Q&A: Level of encryption needed for email
- Featured blog post: Nurses face felony charges after reporting physician to the Texas Medical Board
- CMS has reformulated payments for some bilateral procedures
- Q&A: Follow CMS' coding guidelines when using modifier -25
- Understand the spine to code back procedures correctly
- What does case-mix index mean to you?
- Catch up on what's new with injections and infusions
- New conflicts of interest create new challenges
- Q/A. One injection code or two?
- Searched