Forensic Corner; Validity in Release of Information
is Important
Lee H. Haller, M.D.
Within the pat year, the state of Maryland, where I
practice, changed its law regarding the information
that must be included in order for a release of medical
information form to be valid. Since the enactment of
that statute, I have received several requests for information
from insurance companies and other medical professionals,
many of which have been deficient in that they did not
comply with the regulation. This led me to think that
it might be helpful to review the topic as it is something
with which we are all faced and one that receives relatively
little attention.
In general, a physician has a duty to release information
upon receipt of a valid request from the patient or
the patient's legal guardian (if the patient is a minor).
The operative word here is: valid. The question, then,
is what makes a release valid? Several factors are necessary:
1) The release must comply with state law in the state
in which the doctor releasing the information resides.
Depending on state regulations, information that must
be included might be: the patient's name, the name of
the party to whom the information is going, the name
of the party who has the information to be released,
what information is to be released, the purpose of the
release, limitation on the duration of the validity
of the release, a witness's signature, signature of
the minor child (if over a certain age), and signature
of the adult patient or legal parent of a minor patient.
What is sufficient in one jurisdiction may not be adequate
in another.
2) The release of information must be to you and for
you. Although this may sound obvious, I have received
releases which give the requesting person or agency
permission to communicate information to me. This is
not the same as giving me permission to release information
to the requestor.
3) The release of information must be signed by a person
who has the authority to do so. A common problem here
is that the person signing the release may not be the
true legal guardian of the child, such as a non-custodial
parent or grandparent.
4) If the person was treated in a program that was
specifically designated as a drug and alcohol rehabilitation
program, then a special release is required that meets
not only state guidelines, but federal statutes as well.
5) A release signed by a minor is generally not sufficient
absent the signature of the adult legal guardian as
well. There are some exceptions.
6) In order to be valid, the release must be signed
by someone competent. This means that the person must
know what he/she is signing, have the ability to understand
the significance of signing, and have signed it voluntarily.
The point in going through all of this is to encourage
you to read any release you receive and also to know
the law in your state as what is required for a release
to be valid. If the release is deficient, it needs to
be redone. There are exceptions to the above. These
will be addressed in a future column.
Dr. Haller is in the private practice of forensic psychiatry
in Potomac, Maryland
AACAP
News/November-December 1994 |
