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How to Respond to a Records Request from a Third Party

By Richard J. Rymond to EMR/EHR

Description

How to Respond to a Records Request from a Third Party

Join us on Healthcare Matters for our latest series, Patient Records Requests: What You Need to Know. In Part II, we address the question of how to respond to a patient records request from a 3rd party, such as the patient’s attorney or another healthcare provider. Watch attorney Richard J. Rymond of Reminger Co., LPA explain how to avoid HIPAA violations when responding to 3rd party requests. Richard Rymond has been with Reminger since 1980, and is the Dental Liability Practice Co-Chair. He is an assistant professor at the Case School of Dental Medicine and a frequent speaker on risk management programs for physicians, dentists and allied health professionals.

To see the full episode from the beginning, click here. Or, use the links below to watch each portion separately.

  1. The Right Response to a Records Request
  2. How to Respond to a Records Request from a Third Party
  3. Original Records or Copies: What to Provide
  4. Should You Review Records before Providing Them?
  5. Consulting with Colleagues on a Records Request
  6. Records Requests from Patients Who Owe for Services
  7. Paper Records versus Electronic Health Records
  8. The Number One Takeaway for Physicians on Records Requests
  9. Patient Records Requests: What You Need to Know

Transcript

Mike Matray: Is there any difference in response if the record request comes from a third party, another healthcare provider, or a lawyer?

Richard Rymond: The only consideration here is whether the physician has received an appropriate HIPAA- compliant authorization signed by the patient. If the patient requests the records, the patient is entitled to the records. If a representative of the patient requests the records along with the requisite HIPAA-compliant authorization, the records should be produced. A word of caution here though, at least in Ohio, we’ve seen a situation where the physician receives a subpoena for records. The physician believes that, gee, they have to respond. This is a subpoena. It has a legal authority. In point of fact, absent an authorization signed by the patient or absent an order signed by a judge, which is different from a subpoena in most instances, the physician should withhold producing the records. When in doubt, contact your insurance company representative, contact your lawyer.