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HIPAA and releasing of med records

heartyoga

Guru
Messages
154
Location
Crossville, TN
We have another provider's office asking for patient's INR results from last 4 visits.

Our front office would not release it without patient's signature/consent.

Is that correct? We are new in town and don't want to give the impression that we are delaying the care but also don't want to release info without consent and violating HIPAA.

Thoughts?
 
A patient consent in this situation is not required, but is permitted if your practice chooses to make it a policy. As a covered entity under the HIPAA law, a provider may disclosure PHI to other healthcare providers for purposes of treatment, payment or health care operations: https://www.hhs.gov/hipaa/for-profe...nd-medical-records-to-a-specialist/index.html

As the HIPAA law can be quite confusing and difficult to understand, I recommend as a best practice that your practice work with a legal or compliance expert to create a set of policies, procedures and training for the staff to follow regarding how and when they can or cannot release information rather than to relying on individuals to make their own interpretations of the regulations. This should also be spelled out clearly in writing in the notice of privacy practices that is given to your patients.
 
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Your office could ask for a signed copy of their information consent forms. For example, we have a page called 'Patient Information Consent' that notifies the patient that we can ask for health information for treatment/payment/etc. purposes. This is what we send to offices that ask for a consent form. This makes sure that we are actually treating the patient for whoever asks but shouldn't put off treatment because it is filled out at the first visit and has to be legally on file anyways.
 
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