RELEASE OF INFORMATION Donna J. Trathen, RHIT June 28, 2019

DISCLAIMER Any information offered in this seminar is not intended for advise for legal purposes and should not be used as such. All information is referenced from: IN.gov HIPAA/HHS.gov IHIMA Release of Information Guide (Hall, Render, Killian, Heath & Lyman)

Things to keep in mind Is the record accurate? Is the record complete? Do you know about minimum necessary? Did you review everything to ensure the authorization is valid? Did you double check your work before releasing the patient’s record? Do you know what to do if you made a mistake or breach? Did you follow your gut instinct? Do you know there are penalties for the above?

Indiana Code 16-39 IC 16-39-1-1: Right of access This applies to all health records except Mental Health (IC 16-39-2, IC 16-39-3 & IC 16-39-4) Communicable diseases (IC 16-41-8-1) Drug & Alcohol Records (42 CFR)

formats Paper CD MyChart Care Everywhere

Authorization Patient Authorization Subpoena- Must have patient authorization, Trial Rule 34 or court order Trial Rule 34 Trial Rule 45 Court Order

VALID PATIENT AUTHORIZATION In order to be compliant with HIPAA & I.C. an authorization should include Patient Name Address, DOB, Social Security Number Who is going to be receiving the records Which provider is releasing the records The purpose Description of information being released Signature of patient or responsible party/guardian and the date signed Date authorization expires (or an event) Statements of: revocation, cannot condition treatment of obtaining authorization, subject to redisclosure Competency- Must be competent and not under the influence of drugs/alcohol Authenticating Signature

Authorization is not required Continuation of Care To insurance companies to collect payment for services To insurance companies performing audits OIG (Office of Inspector General) Secret Service (except for 42 CFR-need court order) Law enforcement (only certain circumstances) Coroner Reporting Purposes- Gunshots, Dog Bites, Burn injury, Abuse,Blindness/Visual Imairment, Communicable Disease, Vital Statistics Worker’s Compensation

Minors A minor is an individual under 18. Emancipated This is a legal process, must have paper work Married or has been married, in the military Drugs/Alcohol (age14) STD (has to be competent) Blood Donation (age 17) or with parent permission (age 16)

Copy fees There is a fee to copy records. I.C. 16-39-9 used to give actual pricing for what a provider could charge. At this time the verbiage is: I.C. 16-39-9 governs the fees that may charge for making and providing copies of records under this chapter. (We charge $20 processing fee for pages 1-29 and then $1.00, .50, .25 for 30+ pages) HITECH: governs that patients can request records in an electronic format and provider cannot charge more than the actual cost of processing the records. (We charge $6.50)

Right to change your record What if you get a copy of your medical record and you notice something is wrong?? You have the right to request an addendum Complete form stating the reason for addendum Contact your physician office Can take up to 60 days

After You’re Gone----- Power of Attorney/Healthcare Representative is not valid Significant others do not have rights to have medical record access Executor of an estate has higher power than a spouse Biological children do not trump a surviving spouse Hierarchy: Executor of estate Spouse Adult Children Parents

Questions?