Outrage has followed the release of a video that appears to show a Utah nurse being arrested and roughly removed from her hospital’s burn unit for refusing—legally—to allow blood to be drawn from an unconscious patient.
Under normal, non-disaster circumstances, photos of residents under duress—or unauthorized photos of residents, period—in a covered entity would constitute a HIPAA violation. But a “Limited Waiver of HIPAA Sanctions and Penalties During a Declared Emergency” issued by HHS changed circumstances.
Even HIPAA experts—from attorneys who helped draft the law to former government officials who enforced it—have trouble getting their records.
The frustrations consumers face in obtaining copies of their own medical records is not lost on federal health IT officials, as shown in ONC’s new report: “Improving the Health Records Request Process.”
The free model Patient Request for Health Information Form is intended to help providers streamline patient health information request processes and ensure they are compliant with the Office for Civil Rights’ guidance on an individual’s right of access under HIPAA.