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

2. 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)

3. 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?

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

5. formats
Paper CD
MyChart
Care Everywhere

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

7. 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

8. 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

9. 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)

10. Copy fees There is a fee to copy records.
I.C used to give actual pricing for what a provider could charge. At this time the verbiage is: I.C 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)

11. 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

12. 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

13. Questions?