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Protocol/policy for request from federal agency for medical records

  • 1.  Protocol/policy for request from federal agency for medical records

    Posted 12-02-2020 12:53

    [Posting on behalf of @Kim Sherwood]

    Good afternoon,  I am seeking guidance on a situation that has been presented to me by my medical records department.  I work for a substance abuse treatment facility in Maryland.  We have received a faxed request from a federal agency for medical records on a previous patient.  The release provided has been signed by the patient.  My question is does anyone have a protocol/policy in place to adhere to such a request?  Is there a certain federal requirement that mandates this type of request? Any guidance anyone has will be greatly appreciated.

    Kim Sherwood, M.S.M.
    Compliance Manager  



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    Annessa Kirby
    AHIMA
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  • 2.  RE: Protocol/policy for request from federal agency for medical records

    Posted 12-02-2020 13:27

    My question would be, if you have a signed release from the patient, why wouldn't you provide them with the requested records?

     

    Becky Kilen, MS, RHIA, CHPS

    GHS Privacy Officer | Manager of Privacy

     

    GUNDERSEN HEALTH SYSTEM 

    1900 South Avenue | Mail Stop:  AVS-001

    La Crosse, WI  54601

    Phone:  (608) 775-3549 | Fax:  (608) 775-4706

    rakilen@gundersenhealth.org

     

    Privacy Office: (608) 775-7439 | PrivacyOffice@gundersenhealth.org

     

    http://connect.gundluth.org/hipaa/home

     

     

    CONFIDENTIALITY NOTICE:

    This email message, including all attachments, is for the sole use of the intended recipient (s) and may contain confidential and privileged information. If you are not the intended recipient, you may NOT use, disclose, copy or disseminate this information. Please contact the sender by reply email immediately and destroy all copies of the original message including all attachments.

     




    Original Message


  • 3.  RE: Protocol/policy for request from federal agency for medical records

    Posted 12-03-2020 01:13
    Hi Kim,
    Those records are likely covered under 42 CFR Part 2 regulations and as such, there are very specific requirements for a patient "consent" form as it is referred to therein.  I would start there and be sure you have a valid consent form.  These are a little different than the HIPAA Privacy Rule's "authorization for use and disclosure" provisions.  I'm providing a link here for these regulations.  Also providing a link to the SAMHSA site which is a good one to keep for reference on these records and their protections.  (42 CFR Part 2 - CONFIDENTIALITY OF SUBSTANCE USE DISORDER PATIENT RECORDS)
    LII / Legal Information Institute remove preview
    42 CFR Part 2 - CONFIDENTIALITY OF SUBSTANCE USE DISORDER PATIENT RECORDS
    View this on LII / Legal Information Institute >

    SAMHSA - Substance Abuse and Mental Health Services Administration

    SAMHSA - The Substance Abuse Mental Health Services Administration remove preview
    SAMHSA - Substance Abuse and Mental Health Services Administration
    View this on SAMHSA - The Substance Abuse Mental Health Services Administration >


    Hope this helps.  Best regards.



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    Joe Gillespie, MHS, RHIA, CHPS
    Senior Privacy / Security Consultant with tw-Security, LLC
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    Original Message


  • 4.  RE: Protocol/policy for request from federal agency for medical records

    Posted 12-03-2020 09:43

    Hi,

    I'm not that involved in ROI, but you may want  to review SAMSHA.

    The FR issued a ruling August 2020:
    https://www.federalregister.gov/documents/2020/07/15/2020-14675/confidentiality-of-substance-use-disorder-patient-records

    Hope this can help you. When it comes to substance abuse and mental health records, I would think their sensitivity have specific protocols to follow that are more strict than medical records. SAMSHA sections 42 U.S.C. 290dd-2(b), (c) and (f)

    I would suspect or hope that the entity who receives a fax would have a specific policy forbidding faxed receipt for a patient's medical record that includes substance abuse howbeit the patient signed it.
    Good Luck!



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    Kelly Randell
    DRG Analyst
    [G2 Corporation]
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    Original Message