Have You Inadvertently Opened Up Your Practice For a Lawsuit?

The hassles of record releases are one that every office deals with on a frequent basis, but is your office dealing with them properly? Don't assume the answer to that question is Yes; it's far more likely than not you need to review your process in handling record releases.
Let's look at some of the issues:

1. Not receiving a signed authorization for release of records from patient. This is the most basic issue and because it's so basic sometimes it's overlooked. No patient history should be released or discussed verbally with a third party unless there is an authorization for record release that is signed and dated by the patient, ever!
   
    
2. Release of records request too vague? Insurance companies and third parties are not permitted to go on fishing expeditions for information which means they must have specifics noted in the request. For example: "blood-work from January 1, 2005 to date" and "any and all investigations, records, and/or blood-work pertaining to diabetes" are perfectly reasonable requests because of their specificity. Now, if you receive a vague request and you basically send the entire chart (unbeknownst to the patient) which is outside of the scope of the patient's authorization, you could be jumping into some hot water. Should something within the chart (that was sent) include something that the patient wasn't aware would be sent and ends up in a denial of an insurance policy or claim, you may successfully be sued by your patient.
   
    
3. It is always your duty to protect your patient. You always have the right to request clarification on any request you receive and refuse to release the records unless they provide specific requests. If there is any doubt (and the request is vague) you are likely well served by contacting the patient and ensuring they are aware of what is being requested (you will be shocked to find out how often they will say they had no idea or they believed it was for certain specific records, not the entire chart). Two minutes in a phone call can save you a lot of hassle (or even a potential lawsuit) down the road.

This information is great for physicians to know but ALL front office staff and office management must be made aware as well, they are your representatives in how they handle your records but you will be held responsible for all of the liability should something be handled improperly. Remember that "I didn't know" won't get you out of hot water, it's your responsibility to know and make sure that your staff know, period.
We are just putting finishing touches on some resources for your front desk staff, including a resource package created specifically on handling record release requests and a form to make sure you are being paid what you should be for the time and resources required to complete the release (more on money and releases in our next blog!), this package will inform your clinic staff and increase your earnings at a price of $30. If you are interested in this record release package send us an email at administration@ombis.ca .