Maryland Limited Authorization to Inspect and Copy Medical Records

State:
Multi-State
Control #:
US-PI-0012
Format:
Word; 
Rich Text
Instant download

Description

This form grants authority to the attorney to obtain the client's medical records from the client's medical provider.
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How to fill out Limited Authorization To Inspect And Copy Medical Records?

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FAQ

Exceptions to the Legal Requirements: Emergency, Waiver, Therapeutic Privilege, and Compulsory Treatment | Informed Consent: Legal Theory and Clinical Practice | Oxford Academic.

In Maryland, like many other states, there are laws in place to protect minors from potential exploitation and to establish the age at which an individual is legally capable of consenting to sexual activity. This legal concept is known as the ?age of consent.? In Maryland, the age of consent is 16 years old.

§ 4-301. Definitions -- "Disclose" or "disclosure" means the transmission or communication of information in a medical record, including an acknowledgment that a medical record on a particular patient or recipient exists.

With few exceptions, the Privacy Rule gives patients the right to inspect and obtain a copy of health information about themselves that is maintained by a covered entity or its business associate in a ?designated record set.?

A patient does not have the right to inspect or obtain a copy of his or her "psychotherapy notes." HIPAA defines "psychotherapy notes" as "notes recorded (in any medium) by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling ...

A minor (i.e., a person under the age of 18) has the same capacity as an adult to consent to medical or dental treatment if minor: 1) Is married; 2) Is parent of a child; 3) i) Is living separate & apart from minor's parent, parents, or guardian, whether with or without consent of minor's parent, parents, or guardian; ...

Under Maryland's common law doctrine of informed consent, a ?mentally competent adult? is entitled to give or withhold consent to medical treatment after receiving a fair and reasonable explanation of the proposed treatment.

In Maryland, the age of consent is 16 which means anyone under that age is not legally considered to be able to give consent to have sexual intercourse, regardless of whether they say they want to or regardless of how old they look.

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Maryland Limited Authorization to Inspect and Copy Medical Records