Machelle’ Daniels
Kaplan University
Scenario 1
Jim Philips is the attorney for Karen Munstrom. Karen is filing suit against Howard Doe in a domestic dispute. Jim Philips sends Memorial Hospital an original authorization that is signed and dated by Karen Munstrom. The authorization, addressed to your hospital, includes the dates of the records requested. The authorization does not state the type or subject of the information to be disclosed. The records of Ms. Munstrom are related to a stay for alcohol rehabilitation.
Would you release the record in question? Yes.
Mr. Phillips, this is Ms. Daniels from Memorial Hospital. I am calling to confirm that the request for the medical records for Ms. Munstrom has been reviewed and approved. The request meets the standards set forth by Georgia State Statute 24-9-40; which requires signed authorization from the patient for the release of medical records unless there is a court order. Since the request doesn’t specify the type or subject of the information needed. (FindLaw)
Due to the fact that it is an authorization signed by the patient it allows for records dated up to and including the date of the patient’s signature.
The records will be ready for you in our records department and may be release to you or Ms. Munstrom.
Scenario 2
Crawford City Hospital sends a fax to you for immediate release of medical records on Charles Charleston, a patient who underwent cardiac bypass surgery at your facility three weeks ago. The patient is about to undergo emergency surgery at Crawford City Hospital due to apparent internal bleeding at the operative site. The patient is not conscious and therefore cannot sign an authorization. There are no family members present with the patient.
Would you release the record in question? Yes
The medical records would be released. HIPPA allows disclosure of medical records under the TPO exclusion for emergency treatment. TPO acronym for treatment, payment or
References: FindLaw retrieved from: www.statelaws.findlaw.com/georgia-law/georgia-medical-records-laws.html Health Information Privacy: Your Medical Records Retrieved from: www.hhs.gov/ocr/privacy/hippa/understanding/consumers/medicalrecords.html HIPPA Privacy Rule and Sharing Information Related to Mental Health Retrieved from: www.hhs.gov/ocr/privacy/hippa/understanding/special/mhguidelines.html Journal of AHIMA: How to Request your Medical Records, May 2012 Retrieved from: www.journal.ahima.org/2012/03/01/how-to-request-your-medicalrecords/ Martin, K. (Records Request: Know What’s Legal, Oct. 2010) Retrieved from: www.physicianspractice.com/hippa/records-request-know-whats-legal Risk Management, Legal and Ethical Aspects of Health Information Management 3rd Edition