Release Of Patient Information Without Consent

State:
Multi-State
Control #:
US-00458
Format:
Word; 
Rich Text
Instant download

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Description

The Release of Patient Information Without Consent form is designed to allow authorized individuals or entities to access a person's patient information without obtaining prior consent from the patient. This form is particularly important for attorneys, partners, owners, associates, paralegals, and legal assistants who need to obtain medical records for legal purposes, such as personal injury claims or medical malpractice cases. The key features of the form include clear instructions for filling out patient details, identification of the releasing party, and a statement releasing the original healthcare provider from any liability regarding the disclosure of this information. Users should edit the form by entering the required names and ensuring it is signed by the patient. This document is vital in situations where rapid access to medical records is necessary, or when consent cannot be obtained due to the patient's circumstances. Additionally, it is essential that all parties understand the implications of releasing patient information without consent, as it can affect privacy rights and confidentiality obligations. Providing a comprehensive guide on how to properly utilize this form can assist legal professionals in ensuring compliance with privacy laws while efficiently obtaining necessary information.

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FAQ

There are a few scenarios where you can disclose PHI without patient consent: coroner's investigations, court litigation, reporting communicable diseases to a public health department, and reporting gunshot and knife wounds.

Unauthorized release of a patient's health information is called: Breach of Confidential communication. A confidential communication related to the patient's treatment and progress that may be disclosed on with the patient's permission is known as: Privileged information.

According to the Privacy Rule, a covered entity may not use or disclose protected health information, except either: (1) as the Privacy Rule permits or requires; or (2) as the individual who is the subject of the information (or the individual's personal representative) authorizes in writing.

More generally, HIPAA allows the release of information without the patient's authorization when, in the medical care providers' best judgment, it is in the patient's interest. Despite this language, medical care providers are very reluctant to release information unless it is clearly allowed by HIPAA.

Unauthorized access to patient medical records occurs when an individual who lacks authorization, permission, or other legal authority, accesses data, including protected health information (PHI), contained in patient medical records.

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Release Of Patient Information Without Consent