Question

I need help with an outline here is my topic: A requirement in release of patient information policies and procedures including minor’s access and family member’s access

Answer 1

Confidentiality concerns are heightened during adolescence, and these concerns can be a critical barrier to adolescents in receiving appropriate health care. Health care providers caring for minors should be aware of federal and state laws that affect confidentiality. State statutes on the rights of minors to consent to health care services vary by state, and health care providers should be familiar with the regulations that apply to their practice. Parents and adolescents should be informed, both separately and together, that the information each of them shares with the health care provider will be treated as confidential, and of any restrictions to the confidential nature of the relationship. Health care providers and institutions establishing an electronic health record (EHR) system should consider systems with adolescent-specific modules that can be customized to accommodate the confidentiality needs related to minor adolescents and comply with the requirements of state and federal laws. Health care providers caring for minors should be aware of federal and state laws that affect confidentiality. State statutes on the rights of minors to consent to health care services vary by state, and health care providers should be familiar with the regulations that apply to their practice. When feasible, health care providers should work with governmental agencies and legislative bodies to eliminate or mitigate the effect of laws that unduly restrict confidential health services for minor adolescents.

Health care providers should be active in educating their staff and patients regarding the confidentiality of services. Generally, parents and adolescents should be informed, both separately and together, that the information each of them shares with the health care provider will be treated as confidential. Additionally, they should be informed of any restrictions to the confidential nature of the relationship. Limiting parental access to information about certain personal issues such as sexuality, substance abuse, and mental health concerns allow the adolescent patient to be more comfortable talking with her health care provider about these issues.

Patient Access:

Patients have broad access to their medical records. Upon presentation of an authorization signed by the patient, the patient may review the record or obtain copies. A reasonable charge will be assessed the patient for review or copies.

Exception: If a patient requests copies of his/her medical records, and in the opinion of the attending physician it would be detrimental to the patient to receive the records, the health care practitioner must advise the patient that copies of the record will be made available to the patient's attorney upon presentation of a proper authorization signed by the patient. Copies of the patient's medical record shall be made available to the attorney within a reasonable time period not to exceed 10 working days. A reasonable charge will be assessed the patient for copying. (Hawaii Revised Statutes Section 622-57.)

Physicians who believe patients would be harmed by information contained in the chart should make a notation to that effect on the problem sheet of the chart where the information is located. If a request is made for that chart, Medical Records will forward the chart first to the physician for review and determination whether the chart will be released to the patient or his/her attorney.

If the patient is unable to consent to the release of the medical record because he/she is deceased, a minor (under 18 years of age), or incompetent, the following hierarchy is used to determine the proper person for the purpose of granting consent.