Request Consent For Release Disclosure Of Patient Health: Fill & Download for Free

Some government has directed all health authorities to ask for the consent of patients sickened with the coronavirus disease 2019 (COVID-19) to release their information to the public to help trace people they got in contact with.To encourage the voluntary coordination with epidemiology and surveillance units or ESUs of close contacts of patients who tested positive for COVID-19, and subject to the rights of patients to withhold consent, all health facilities, whether private or public, are hereby directed to request for the consent of the said patients for the public disclosure of their identities.I think it is okay to disclose for faster contact tracing.“Today if anything is trying to hold you back, give no attention to it. Get your hopes up, get your faith up, look up, and get ready to rise-up”.― Germany Kent, Male Ultracore Copywriter

They are required to have told you how you can get and what records are yours when you start treatment. The records you have a right to may not include therapy notes in many cases. Your health care provider usually must let you see your medical record or give you a copy of it as promptly as required by the circumstances, but no later than 15 working days after they receive your request. This right is called the right to access your medical record. Your health care provider cannot deny you access to your record because they think the information in the record might upset you or that it might cause you mental harm. However, they can deny your request if they believe you will become upset enough to physically harm yourself or another person.Here are some of the Washington State laws.(1) A health care provider who provides health care at a health care facility that the provider operates and who maintains a record of a patient's health care information shall create a "notice of information practices" that contains substantially the following:NOTICE"We keep a record of the health care services we provide you. You may ask us to see and copy that record. You may also ask us to correct that record. We will not disclose your record to others unless you direct us to do so or unless the law authorizes or compels us to do so. You may see your record or get more information about it at . . . . . ."(2) The health care provider shall place a copy of the notice of information practices in a conspicuous place in the health care facility, on a consent form or with a billing or other notice provided to the patient.Here is the Washington State law:RCW 70.02.310Mental health services—Information and records.(1) Resource management services shall establish procedures to provide reasonable and timely access to information and records related to mental health services for an individual. However, access may not be denied at any time to records of all medications and somatic treatments received by the person.(2) Following discharge, a person who has received mental health services has a right to a complete record of all medications and somatic treatments prescribed during evaluation, admission, or commitment and to a copy of the discharge summary prepared at the time of his or her discharge. A reasonable and uniform charge for reproduction may be assessed.(3) Information and records related to mental health services may be modified prior to inspection to protect the confidentiality of other patients or the names of any other persons referred to in the record who gave information on the condition that his or her identity remain confidential. Entire documents may not be withheld to protect such confidentiality.(4) At the time of discharge resource management services shall inform all persons who have received mental health services of their rights as provided in this chapter .The exceptions when they can deny you your records are this:Patient's request—Denial of examination and copying.(1) Subject to any conflicting requirement in the public records act, chapter 42.56 RCW, a health care provider may deny access to health care information by a patient if the health care provider reasonably concludes that:(a) Knowledge of the health care information would be injurious to the health of the patient;(b) Knowledge of the health care information could reasonably be expected to lead to the patient's identification of an individual who provided the information in confidence and under circumstances in which confidentiality was appropriate;(c) Knowledge of the health care information could reasonably be expected to cause danger to the life or safety of any individual;(d) The health care information was compiled and is used solely for litigation, quality assurance, peer review, or administrative purposes; or(e) Access to the health care information is otherwise prohibited by law.(2) If a health care provider denies a request for examination and copying under this section, the provider, to the extent possible, shall segregate health care information for which access has been denied under subsection (1) of this section from information for which access cannot be denied and permit the patient to examine or copy the disclosable information.(3) If a health care provider denies a patient's request for examination and copying, in whole or in part, under subsection (1)(a) or (c) of this section, the provider shall permit examination and copying of the record by another health care provider, selected by the patient, who is licensed, certified, registered, or otherwise authorized under the laws of this state to treat the patient for the same condition as the health care provider denying the request. The health care provider denying the request shall inform the patient of the patient's right to select another health care provider under this subsection. The patient shall be responsible for arranging for compensation of the other health care provider so selected.The guidelines state: "In the absence of a superseding requirement, psychologists may consider retaining full records until seven years after the last date of service delivery for adults or until three years after a minor reaches the age of majority, whichever is later." So, if it is longer than that they may have disposed of them.Civil remedies.(1) A person who has complied with this chapter may maintain an action for the relief provided in this section against a health care provider or facility who has not complied with this chapter.(2) The court may order the health care provider or other person to comply with this chapter. Such relief may include actual damages, but shall not include consequential or incidental damages. The court shall award reasonable attorneys' fees and all other expenses reasonably incurred to the prevailing party.(3) Any action under this chapter is barred unless the action is commenced within two years after the cause of action is discovered.(4) A violation of this chapter shall not be deemed a violation of the consumer protection act,Here is a typical notice from a psychological services facility:Client RightsThe health and financial records we create and store are the property of the Washington State University Psychology Clinic. The protected health information in it, however, generally belongs to you. You have a right to:Receive a copy, read, and ask questions about your protected health information as well as request restrictions to its use and/or disclosure. You must deliver this request to us in writing. Although we are not required to grant the request, we consider it and typically comply unless the request could pose a potential harm.Request and receive a paper copy of the most current “Notice of Privacy Practices” for protected health information.Request that you be allowed to see and obtain a copy of your protected health information. You may make this request in writing. Charges for copies of your medical record will apply in accordance with Washington state law.Ask that your health information be given to you by another means or at another location. Please sign, date, and give us your request in writing.Cancel prior authorizations to use or disclose health information by giving us a written revocation. Your revocation does not affect information that has already been released. Also, it does not affect any action taken before we have received it.Please note that we do not normally include raw psychological testing materials in disclosures of information, in order to protect the security of these tests.

Great question. My initial knee-jerk ‘what should be right’ answer was, of course, everyone has the right to see their medical records.I was wrong, and the more I thought about all the legal things not-provided to minors within American society, it became clear that “minors do not have the right to view their own medical records without their parent or guardian requesting them on their behalf.”In general, U.S. Law gives every adult citizen the right to see, get copies of, and sometimes even petition to change their own medical records. However, if you are younger than 18 years, this request must be done on your behalf by your legal parent or guardian.Minors, as far as the U.S. Law goes are actually treated much more like ‘property’ of the parent or guardian than distinctive entities protected by that same U.S. Law. There are manners of ‘freeing’ yourself from this ‘property’ application through applying for emancipation - this varies State to State.If you want to learn more about it: A Teenager's Guide to EmancipationThe flip-side of the right to see something would be the right to keep others from seeing that information. HIPAA - or (Health Insurance Portability and Accountability Act of 1996) is United States legislation that provides data privacy and security provisions for safeguarding medical information.How does the HIPAA Privacy Rule apply to minors?Patient privacy is just as important for children under the age of 18 as it is for adults. However, health care providers must follow certain stipulations under the HIPAA Privacy rule when handling the protected health information of these individuals.Before a child reaches the age of legal adulthood, which is 18 years old in most states, he cannot legally exercise his rights granted by the HIPAA Privacy Rule. Minors’ parents or guardians act as personal representatives under special patient considerations. The most important thing to note is that the Privacy Rule grants parents access to their children’s medical records. As such, a health care provider handing over sensitive information about a patient under the age of 18 to his parent would not be in violation of the law.Generally, covered entities should treat parents - and all personal representatives - as they would the individual whom the person represents. The guardians of minors have the same rights as the patient. As such, beyond granting access to the patient’s medical record, health care providers must also let these representatives know about the release of PHI, authorize disclosures and make decisions on the patient’s behalf.There are certain circumstances in which a child’s parent is not his personal representative, and release of information to the parent in this situation would constitute a violation. According to the U.S. Department of Health and Human Services, a doctor should not consider a parent the personal representative when:A parent agrees that the minor and health care provider may have a confidential relationship.Parental consent for care is not required under law.A court provides direction for care or appoints an individual to care for the minor.Additionally, as with all personal representatives, a doctor can use his discretion in determining whether passing on information to a parent would be beneficial to the patient. If the health care provider suspects the guardian neglects the child or subjects him to abuse, for example, the physician may refuse to continue treating the parent as a personal representative.Soure: HIPAA Help Center - PrivacyThat is probably not the answer you wanted to hear for asking that question. The world is not fair to children in many respects. Believe me, the world is not fair to adults either… do not try to grow up too quickly… with the freedom to do and see everything an adult sees comes the exact same liability for everything you see, do, touch or interact with as an adult.~ChrisDr. Christopher YeringtonColumbus, OhioBio: Retired from clinical anesthesiology by a disability in 2010, Dr. Yerington has turned his love of teaching and service to others to his family, medical colleagues and community. He speaks, writes and educates medical groups and residency programs about the importance of great disability and life insurance, basic physician-financial literacy and work-life balance. Chris also consoles and counsels young doctors on stress, burnout and physician-suicide. Having attended law and business schools, Chris is a perpetual student of human life, a scientist and an optimistic futurist in his heart.