West Virginia Limited Authorization to Inspect and Copy Medical Records

State:
Multi-State
Control #:
US-PI-0012
Format:
Word; 
Rich Text
Instant download

Description

This form grants authority to the attorney to obtain the client's medical records from the client's medical provider.
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How to fill out Limited Authorization To Inspect And Copy Medical Records?

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FAQ

Unless the person requesting the record specifically requests a paper copy, the records can be delivered in electronic or digital form and the per page fee cannot exceed 20 cents per page, not to exceed $150 inclusive of all fees, except for applicable taxes.

The HIPAA Privacy Rule provides individuals with the right to inspect their PHI held in a designated record set, either in addition to obtaining copies or in lieu thereof, and requires covered entities to arrange with the individual for a convenient time and place to inspect the PHI. Right to Access and Research | HHS.gov hhs.gov ? hipaa ? for-professionals ? faq ? r... hhs.gov ? hipaa ? for-professionals ? faq ? r...

A patient does not have the right to inspect or obtain a copy of his or her "psychotherapy notes." HIPAA defines "psychotherapy notes" as "notes recorded (in any medium) by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling ... A Patients Right to Access Mental Health Records Under HIPAA camft.org ? Chronological-Article-List ? a-p... camft.org ? Chronological-Article-List ? a-p...

§16-29-2. (a) A provider may charge a patient or the patient's personal representative no more than a fee consistent with HIPAA, as amended, and any rules promulgated pursuant to HIPAA, plus any applicable taxes. chapter 16. public health. - West Virginia Code wvlegislature.gov ? wvcode ? code wvlegislature.gov ? wvcode ? code

(C) A person charged with prostitution, sexual abuse, sexual assault, incest or sexual molestation ordered to submit to a HIV-related test may not be permitted to remain anonymous and a local health department may administer and bill for the test.

By contrast, hospital employees cannot look up a patient's medical record on a whim. Without permission, this would be a violation of HIPAA's Privacy Rule. Can Doctors Share Patient Information Without Permission? - FindLaw findlaw.com ? healthcare ? patient-rights ? c... findlaw.com ? healthcare ? patient-rights ? c...

West Virginia Code §16-29-1 sets forth a patient's right to access his or her own medical records, and West Virginia Code §16-29-2 establishes the cost-based fees a practitioner may charge a patient for copies of medical records.

Definitions. §16-2R-3. Prohibition to perform an abortion.

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West Virginia Limited Authorization to Inspect and Copy Medical Records