When releasing medical records, physician practices must clearly understand the protocols or guidelines related to sharing sensitive healthcare records.

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Know These Facts When Releasing Medical Records
When releasing medical records, physician practices must clearly understand the
protocols or guidelines related to sharing sensitive healthcare records.
Patients, insurance companies, Medicare, and attorneys may require medical records for diverse
purposes and they send requests to physician practices and other healthcare providers. These
records are important for processes such as medical peer review for insurance, or medical
record review in personal injury cases. It is mandatory for practices to be concerned about
medical HIPAA and HITECH Privacy and Security Rules before releasing medical records.
Physicians must be aware about the protocols or guidelines related to releasing sensitive
healthcare records. Gathering and release of medical records must be in compliance with state
and federal laws related to release of confidential information. Under the TPO or Treatment,
Payment, and Operations exclusion, HIPAA allows providers to disclose patient records without
the patient’s permission.

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Key Facts Regarding Medical Records Release
 A written authorization from the patient is important to release the records
 For each request, separate signed authorization must be obtained
 Obtain a valid authorization to release the medical records to anyone other than the
patient
 Release only the copies of the medical record, including videos, X-rays and so on
 The request for record inspection must be honored within the specific number of working
days
 Make sure to verify the particular state’s regulation before releasing the copies
 Details such as the date of release and to whom the record was released must be noted in
the medical record
 To fax the records, the fax transmittal form should include all details – the recipient of
the record, name, address and a confidentiality statement
 Get the patient’s permission to prepare a summary of the medical record
 Based on individual state law, a cost-based fee and clerical fee may be charged
 To develop a treatment plan, providers can release the records prepared by another
provider
 Obtain additional specific authorization to obtain records of the diagnosis, treatment and
other required details
 Records in digital format can be provided in the same format when requested
 Attorneys may send a subpoena for medical records in connection with a lawsuit
 Note that the patient’s consent is not required for issuing a subpoena for medical records
For litigation, if medical records need to be obtained without the concerned patient’s written
authorization from, HIPAA recommends that the subpoena is accompanied by either a statement
that the patient has been notified of the request and has had an opportunity to object, or a motion
for a qualified “protective order.”
With factors such as health information exchange initiatives, EHR interoperability and patient
engagement gaining significance in healthcare, providers are more willing to exchange PHI and

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improve the patient’s/caregiver’s access to health records. A healthcare attorney can provide
valuable advice in this regard.
Disclaimer: The content in this blog is sourced from reliable internet resources and does not
constitute professional opinion. It is meant for informative purposes only. For a professional
opinion on this topic, contact a qualified attorney.