Q: When releasing information to a patient, may we release copies of records that another facility transferred with the patient?
HIPAA Weekly Advisor, July 14, 2008
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A: Under the HIPAA privacy rule, patients have a right to access their PHI unless a valid reason to deny such access exists.
You may release copies of records from another provider to the patient unless they contain sensitive information (e.g., psychiatric evaluations) and you believe that releasing the information may cause harm to the patient or another individual.
In these situations, you should ask the patient to contact the provider who created the records so that provider can decide whether to release them. However, there’s generally no reason to require a patient who simply wants a copy of laboratory reports to return to the originating facility.
Editor's note: Mary Brandt, president of Bellaire, TX-based Brandt & Associates, LLC, answered this question. This is not legal advice. Consult your attorney on legal matters.
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