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Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 871
Experience:  Partner at Kent Law Group, LLC
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I work as a nurse in the patient placement unit of a large

Customer Question

I work as a nurse in the patient placement unit of a large metropolitan hospital. Our facility does not keep the medical records department open overnight due to budget. As a nurse in this department I am required to take all calls for medical records, print out copies of the electronic record and fax the information to other hospitals who are treating these patients. Our manager has stated we do not need to get written authorization from the patients in these cases as the requests should be for emergencies only. I always ask the callers for a faxed auth anyway, but in some cases the patients are in no shape to sign a consent form and there may be no family members to do so. Is it acceptable under HIPAA to handle these requests since I am not a registered records administrator, and may not always be able to get a signed consent form?
Submitted: 8 months ago.
Category: Legal
Expert:  Olivia Kent replied 8 months ago.
Hello. My name is ***** ***** I'm an attorney. I’ll be happy to help you in any way I can. This site is for educational purposes only. Sometimes - although certainly not always - experts have to give you what you deem “bad news” but that should not be a reflection of how satisfied you are with the assistance your expert provided. Experts on this site receive credit for assisting you when you click the rating (the stars) so please submit a rating prior to logging off. You aren't charged anything extra by submitting a rating.So, if another hospital is providing treatment to the patient, presumable the patient is with THEM at the time and THEY would need to fax over the patient's consent to you, not the other way around. If the patient is "in no shape" to sign a consent form, presumably that constitutes an emergency and the hospital's written request is sufficient. If the patient is at your facility AND they are physically able to sign a consent form, I would encourage you to have them do so, before you fax their records to another location. I hope this helps. Please let me know if you have any other questions or you need me to clarify anything. Please also submit a rating if you're satisfied with your assistance; this will not cost you anything extra but it's the only way we get credit for assisting you. And please don't feel like we have to stop talking after you submit a rating. I'd be more than happy to continue working with you after that as well.
Expert:  Olivia Kent replied 8 months ago.
Hello. I wanted to check in with you to make sure you had all of the information you wanted to obtain when you posted your question. Please let me know if you have any questions or need additional clarification about anything.

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