Health Information Technologies and Processes

HITECH Request

  • 1.  HITECH Request

    Posted 04-09-2019 16:03
    Hello everyone,

    We keep receiving a letters written by the patient requesting records to be sent to the attorney charging only $6.50 for electronic records. Now does anyone knows if the letter has to be accompanied with an release form being that the records contain mental health and substance abuse? What if the patient request records on release form asking for electronic records, do we still have to honor it as a HITECH request?

    Any feedback would be appreciated.

    Laquanta Celestine
    Him Supervisor

  • 2.  RE: HITECH Request

    Posted 04-09-2019 23:13
    Check your company’s policy on requirements for the authorization.

    Sent from my iPad

  • 3.  RE: HITECH Request

    Posted 04-10-2019 07:40
    Any records containing substance abuse and/or mental health records must contain that in the release.  Substance and mental health records are more stringent and must be identified in the request. 

    Victoria Maans, RHIT 

  • 4.  RE: HITECH Request

    Posted 04-10-2019 07:51

    We would require an authorization if they had drug/alcohol abuse diagnoses present in the record.  Until there is some kind of clarification from the OCR regarding patient-directed requests from attorneys, you are sort of stuck in the middle........we have been treating these like requests from the patient....


    Wendy Mangin, MS, RHIA

    Executive Project Director – Regulatory Compliance/Privacy Officer


    Good Samaritan 

    520 S. Seventh St. | Vincennes, Indiana | 47591

    Hospital: 812.882.5220 | Direct: 812.885.3487 

    Fax: 812.885.3912 | 

    b326b5f8d23cd1e0f18df4c9265416f7  images   Website | Videos | News | Events


  • 5.  RE: HITECH Request

    Posted 04-10-2019 09:01
    I recently attended a ROI Workshop in Wisconsin. In the discussed it was mentioned that it would be appropriate to contact the patient to verify that all these records are truly what was intended by the patient. It was also mentioned that many times the patient does not realize that mental health information may be contained in the request.

    Mary Petersen, RHIT
    His Manager

  • 6.  RE: HITECH Request

    Posted 04-10-2019 11:00
    The HIPAA privacy rule protect all PHI the same however there are other federal and state laws that need to be considered when releasing very sensitive information such as Psychotherapy notes, drug and alcohol abuse information etc.

    A study of the following laws would need to be considered
    The Drug Abuse Prevention, Treatment and Rehabilitation Act of 1972 
    The Comprehensive Alcohol Abuse and Alcoholism Prevention Treatment and Rehabilitation Act of 1970
    State Law and of course the HIPAA rules

    Executive summary: you need to get the patients authorization before disclosure, there may be times when the Psychologist does not allow disclosure of any kind even if the patient requests disclosure. 

    There are exceptions of course but as a general rule disclosure must be in an authorization form signed by the patient. 

    Even if the patient is a minor, their authorization is generally required.  

    If anyone would like more details regarding this you are welcome to contact me directly.

    Thanks Kris

    Kris Lundell MBA,  CIPP/US, CHP
    Privacy and Security Consultants LLC

  • 7.  RE: HITECH Request

    Posted 04-10-2019 11:15

    Our copy service and organization is treating these as a HITECH request and charging $6.50.




  • 8.  RE: HITECH Request

    Posted 04-10-2019 11:18
    Thank you guys for the response. I have been requesting an authorization form along with the HITECH letter, but have not been charging the flat rate. Now I just have to figure out how to change our current charging rate to include a rate for HITECH request.

    Laquanta Celestine
    Him Supervisor