How would you handle a situation when a person who is not on a release of information requests medical information about his/her spouse?
"I am always careful to review a patient's chart and confidentiality statement to see if he has authorized anyone to obtain his medical information. Unfortunately, many husbands and wives automatically think that they can have access to the other's personal information, but that is not the law. Depending upon the authorizations in the patient's file, I will act accordingly in this situation."
Confidentiality is crucial to stay within federal guidelines of a patient's right to privacy. As a medical manager, you will be responsible for making sure proper documentation is presented for patients to review. Some of those documents include HIPAA acknowledgments and release of information forms. While you may designate other office staff to give those documents to patients and check for signatures, it is still your job, as the manager, to make sure protocol is followed. Further, when instances arise such as those posed in this question, being able to rely upon proper documentation will help you to address the situation appropriately and with legal backing.
"When someone comes into my office requesting information regarding a patient, I always review the patient's chart first to verify whether or not the patient has given permission to release information. If the person requesting information is on the signed release of information, I go over what information they have permission to obtain and ask them to sign the appropriate forms to acknowledge receipt. If the requesting person is not on the patient's release of information, I advise them that, according to privacy regulations, I am unable to release information without the patient's expressed written consent."
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Anonymous Answer
I would check the patient's records to see if he/she has authorized to release information to the spouse. If authorized, I would release them, if not I will politely tell them that I cannot.
Chad's Feedback
Great answer! The process you have outlined will ensure the patient's confidentiality and right to privacy are maintained. To strengthen your response, discuss how you would deal with any resistance from the person when you inform them you are unable to release any medical information about his/her spouse.
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