Patient Safety & LawQuestion 97 of 100

An attorney calls and asks the office to fax a patient's complete dental record for a personal injury case. What should the assistant do?

a.Fax the record immediately because an attorney is a professional
b.Read the treatment notes aloud over the phone instead of faxing
c.Refuse to acknowledge that the person is a patient and hang up
d.Explain that a signed authorization from the patient is required before records can be released

Explanation

Releasing records to a third party such as an attorney requires a valid written authorization signed by the patient, which specifies what information may be disclosed and to whom. Faxing on request or reading notes aloud discloses protected health information without authorization. Simply hanging up is unnecessary; the correct response is to explain the authorization requirement and follow the office's release procedure.

Law Reference: HIPAA Privacy Rule (45 CFR Part 164)

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