Question Records Release


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1. Is there a time span for records release consent?
2. Forensics is requesting records from our company through a assisted living facility. Shouldn't forensics requests the records from us?


Orlando, FL
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I'm not entirely sure what you mean by records release consent. If there is an amount of time they have to request records? No. They can request them any time. It depends on your state statutes how long you have to retain records for. In mine it is 7 years from the last visit, after that we are allowed to purge them.

If you mean how long you have to provide records, this is from, but your state statues will be more specific to you.

Timeliness in Providing Access​

In providing access to the individual, a covered entity must provide access to the PHI requested, in whole, or in part (if certain access may be denied as explained below), no later than 30 calendar days from receiving the individual’s request. See 45 CFR 164.524(b)(2). The 30 calendar days is an outer limit and covered entities are encouraged to respond as soon as possible. Indeed, a covered entity may have the capacity to provide individuals with almost instantaneous or very prompt electronic access to the PHI requested through personal health records, web portals, or similar electronic means. Further, individuals may reasonably expect a covered entity to be able to respond in a much faster timeframe when the covered entity is using health information technology in its day to day operations.

If a covered entity is unable to provide access within 30 calendar days -- for example, where the information is archived offsite and not readily accessible -- the covered entity may extend the time by no more than an additional 30 days. To extend the time, the covered entity must, within the initial 30 days, inform the individual in writing of the reasons for the delay and the date by which the covered entity will provide access. Only one extension is permitted per access request.

As far as records requests, if your company maintains the records for the assisted living facility, they could request records from the facility who would then have you process them. If you have a specific form you want used, you can always send that to forensics.

The only thing I would ensure is that they have the right to request those records. We have had law enforcement request records before but refuse them until they obtain a court order.