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Jane's aunt passed away and Jane wants to get a copy of her aunt's death summary. She fills out an
authorization form and shows legal proof that she is a beneficiary. Her aunt was married and there is a
surviving spouse. Why or why not is she entitled to get a copy of the death summary? - Answer: Being a
beneficiary does not provide access to a decease patient's records. The best practice would be to have
the surviving spouse sign an authorization form allowing Jane to receive copies of the medical record.
John is the middle child of three siblings. His mother is the widow of his deceased father. John would
like to get a copy of his father's medical record and has filled out an authorization form. Why or why not
is he entitled to get a copy of his father's records? - Answer: John is not entitled to receive copies of his
father's medical record. The mother would need to provide proof of identity and sign an authorization
form in order for John to receive copies of his father's medical record. Also, the scenario does not state
how old John is and he may be a minor. However, if John is an adult and resides in a state whereby state
law allows access to the records of a deceased patient by the children of the deceased, he would indeed
be allowed access
A patient requests a copy of their medical records for an ER visit that transpired last month. She fills out
an authorization form and shows you a picture ID. You pull the ER record and check the patient's
signature on the conditions of admission (COA) only to find out that the signatures are the same name,
but the handwriting does not match. Why or why not would you release the records to the patient? -
Answer: The information should not be released since this may be a case of identity theft. The
appropriate departments should be informed, and a red flag should be placed on the file. The facility
should then investigate the medical record further. If you have knowledge that an authorization is
invalid, it should not be relied upon.
Law enforcement request a copy of a patient's medical record and has a signed authorization from the
patient. The police tell you that it is for identity theft. Why or why not can you release the records to
them? - Answer: The records should not be disclosed to law enforcement under these circumstances.
With there being identity theft involved, the records may not be those of the person that signed the
authorization form. It would be best to obtain a court order before releasing the medical records.
You receive an authorization that is signed by the patient, but it was not dated. Why or why not is this
authorization valid and would you or would you not honor the authorization? - Answer: The
authorization should not be honored. Date is a required element of a valid authorization.
, You receive an authorization from the mother of a 12 year old son. She is requesting a copy of his
medical records where he was seen for a sexually transmitted disease in which he signed for his own
care. Why or why not is she entitled to receive a copy? - Answer: Depending on what state this took
place in, the minor would also have to sign the authorization form for the mother to receive a copy of
the medical record. When dealing with sensitive information such as sexually transmitted diseases,
some states allow minors aged 12 and older to authorize the release of records; other states start at age
13 or 14.
A 17 year old girl was seen at an abortion clinic where she had an abortion. Later the next day she
develops complications and goes to the emergency room to seek further care. Her mother requests
copies of her medical records. Since the patient is still a minor, Mom signs the release form. Why or why
not is mom entitled to these records? - Answer: The mom is not entitled to receive copies of the
medical records. Some states have specific laws that protect minors seeking abortions. The minor would
need to sign the authorization form in order for the mother to be able to access the records.
The police request a copy of a patient's medical record who was involved in a traffic collision. The
patient has given consent to the police for these records. The medical report shows that the patient had
been drinking. Why or why not are these records protected? - Answer: Yes, the records may be
released, since the patient gave consent to release the records to the police.
A patient presents to the HIM Department requesting information about a recent biopsy. The patient
says he wants to know details about the procedure and specifics regarding the specimen removed. The
patient should be advised to request a copy of the? - Answer: Operative and Pathology Report
Some attorneys send a courtesy deposition letter prior to issuing a subpoena. Can you disclose
information without patient authorization if you have the deposition letter prior to receiving the
subpoena? - Answer: NO
If a patient completes an authorization form, can they simply put "at the request of the patient" as a
disclosure purpose? - Answer: YES
With a court order (signed by a judge), is an authorization signed by the patient or personal
representative generally required? - Answer: NO
The PRO or QIO (Peer Review Organization or Quality Improvement Organization) who is contracted
with CMS (Centers for Medicare & Medicaid Services) requests copies of medical records. Are they