I have attended several meetings recently regarding HIPAA and other legal basics that affect the hospital at which I work. The information I looked up makes me think that what the JWs are trying to do with that statement on the blood card will not really suceed. I sincerely hope I am right in feeling that way. The way the Society tries to tighten their hold on the rank and file is desipcable!
Indiana state law is actually stricter than HIPAA, but for what it's worth, here are some things I thought were interesting...
Disclosure of PHI - HIPAA and Indiana state law state that medical records may only be released pursuant to:
1.) The patient's written authorization 2.) A subpoena coupled with a request for production of documents from a non-party 3.) A subpoena coupled with a patient's written authorization or 4.) A court order
Sensitive Medical Records
Certain types of medical records, such as those that reference mental health treatment, communicable diseases, including, without limitation, HIV, AIDS, or AIDS-related information, or the diagnosis or treatment of drug or alcohol abuse, are subject to special protection. If a patient's written consent requests generally any and all medical records and does not expressly authorize the release of mental health records or records that reference communicable diseases or the diagnosis or treatment of drug or alcohol abuse, such records should not be produced without a patient's revised consent containing express authorization for the release of such records, unless another exception for release of the records applies or a court order has been entered requiring release.
Access to Records by or on Behalf of the Patient, Including Minor Patients
In order to obtain such records, the patient must complete some sort of Request for Release of Medical Records Form or an alternative form that contains all of the Indiana required elements for release of medical record information. A patient's written consent for the release of a patient's general helath record must contain the following:
1) The name and address of the patient 2.) The name of the person requested to release the patient's record 3.) The name of the person or provider to whom the patient's health record is to be released 4.) The purpose of the release 5.) A description of the information to be released from the health record 6.) The signature of the patient 7.) The date on which the document is signed 8.) A statement that the consent is suject to revocation at any time 9.) The date, event, or condition on which the consent will expire if not previously revoked and so on and son on...
The request may be for either the entire medical record or the pertinent part of the medical record related to a specific condition. A patient's written request for medical records is valid for 60 days.