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Who is entiled to receipt of medical records without a medical release?


patient slipped on loose oxygen cords at side of bed, pt was ambulatory and was going to the bathroom His foot became entangled and he fell forward against the door, slamming it shut and was injured bleeding from head and hand. Injury to right thumb and hand. Adjuster denied needing the records as he had obtained them from the hospital. There was no medical release signed for the adjuster to obtain the records. He said he didn't need a release as they insured the hospital and could obtain any record in relation to the patient. Unknown to the adjuster I had been the loss control and liability adjuster for the same hospital 20 years ago. Even at that time we needed a medical release. What do yo think?

With the HIPAA laws as they are, only the individual can access medical records without a signed release. This person has overstepped his limits and knows it.
Even next of kin, husbands, wives can't access spouse records without a release. sounds like a doozy of a lawsuit.

Laws may have changed since then, but if you have reservations about this and have worked in the capacity you describe, wouldn't you have access to resources that can be used to ascertain current applications of medical records laws?

Things have changed with the HIPPA act, so who knows. Patient's probably sign for the records to be released in their admission papers these days. One thing for sure, the hospital wouldn't release them if there was any chance they could get in more trouble.

Honey, I believe only the Government can view or retreive medical recorse without consent.
My other guess would be a biological parent of a minor, (not involving abortion, or STD information, or an Emancipated Minor). In this case the biological parent living with can request records without pt's permission, but a release of information still has to be signed and placed in chart to documenting particular forms/reports/labs, etc. were copied, and viewed. You would need a release form if you were the only one reviewing this information.

Honeychild

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