Question

Release of Medical Records

Sally, Michael, and Teresa handle requests for the release of patients' medical records for a Midwestern hospital serving a five-state area. They emphasize that they can release records only with signed authorization from the patient or on subpoena, and that they may then release photocopies, but never original medical records. When someone visits the hospital to pick up copies of a patient's records, that person is asked to show identification.

Case:

Michael lets experience be his guide and checks out any request for release of records that "doesn't feel right." For example, if a husband brings an authorization form for release of medical records that he says his wife signed, her signature should be checked against the signature on hospital admission forms. It could be that a divorce is in progress in such a situation, and the husband or wife is seeking medical records to prove the spouse an unfit parent. "Never release medical records because the person making the request has intimidated you," adds Teresa. "The most officious person I've dealt with was an FBI agent who told me, 'I want this record. If you don't give it to me, I'll get it myself.' I said, 'Go for it.' Later the agent called and apologized to me." Michael, Teresa, and Sally know that medical records contain information that can be used in ways not intended when the health care data were collected. They also know that the hospital that employs them can be held legally liable for the improper release of medical records. Therefore, they are extremely careful about always obtaining proper consent before releasing records. From the perspective of individuals seeking medical records for their own purposes, not related to health care or the welfare of patients, Michael, Teresa, and Sally are unrelenting obstacles. From the perspective of the patients whose confidential medical records are conscientiously protected, Michael, Teresa, and Sally are performing their jobs well.

Read the case below and answer the questions.

1.) The wife of a patient is asking for a copy of her husband's medical records. What should you do?

2.) Should family members be entitled to obtain loved one's medical records on request, no questions asked? Explain your answer.

Answer 1

1.The copy of the spouse can be released if the husband has provided consent in written form for medical purpose but this is not possible in case if any legal issues are actively running between them such as divorce .In these cases respond by asking for the consent signed by her husband .Also inform her gently that it is against their protocol ,rules and regulations under HIPAA to release information without proper documentation and formalities.

2.Family members can obtain the report of their loved ones if consented by the patient otherwise they are supposed to get legal permission from the court to care for their loved one .