This form authorizes the release of plaintiff's confidential medical records to plaintiff's attorney.
West Virginia Authorization to Release Confidential Records
State:
Multi-State
Control #:
US-PI-0312
Format:
Word;
Rich Text
Instant download
Description
How to fill out Authorization To Release Confidential Records?
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FAQ
FOIA applies to records created by federal agencies and does not cover records held by Congress, the courts, or state and local government agencies. Each state has its own public access laws that should be consulted for access to state and local records.
HEALTH CARE RECORDS. §16-29-3. Retention and destruction of health care records. (a) The health care records of all persons who are not minors or under a disability, or both, shall be retained by the custodian of such records for ten years following the last date of treatment or contact.
The West Virginia Freedom of Information Act (?Act?), W.Va. Code §29B-1-1 et seq., requires public bodies to provide public records in response to requests, unless those records are exempt from disclosure.
Exempt in records: Some criminal investigations; some police reports; tax returns; medical records; personnel matters; real estate; attorney client privilege exemptions; and working papers.
(a) Every person has a right to inspect or copy any public record of a public body in this state, except as otherwise expressly provided by section four of this article. (b) A request to inspect or copy any public record of a public body shall be made directly to the custodian of such public record.
To obtain records, a patient, his or her personal representative as defined by HIPAA, or his or her authorized agent or authorized representative must submit a written request with the health care provider. The provider must furnish a copy of the records within 30 days of receiving the request.
In West Virginia it is a felony punishable by fine and/or imprisonment to record an oral or phone communication without the consent of at least one party, or with criminal or tortious intent. Victims may also seek civil damages.
Anyone can request public records and a statement of purpose is not required, nor are there restrictions on the use of the records. The West Virginia Freedom of Information Act allows for 5 business day for records request responses.
