Coffey Break - Spring 2008

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Coffey Break Newsletter

New to Minnesota: Standard Consent Form to Release Health Information

By Kim Kallman, Account Manager

There are many different types of authorizations to release medical information.  Some of these authorizations are not acceptable at all medical facilities.  It is the policy of many medical facilities to not accept a blanket authorization.  A blanket authorization is one that has a statement similar to “I authorize any health care professional, medical facility, mental health facility to provide information about me.”  It does not specifically list the name of the medical facility that is to release the information.  It is also the policy of some medical facilities to only accept an authorization that is completely HIPAA compliant. For example, if the authorization does not have a statement about the possibility of records being re-released, the authorization will be returned. 

 

Unfortunately, returning these authorizations can cause delays in processing a request for medical records to pay an insurance claim, a patient’s application for health or life insurance, a patient’s attorney and even for the patient’s continued care.  The return of an authorization can also be caused by the patient not filling out the authorization completely and correctly.  A patient may not always understand how to fill out the medical authorization and could miss important information.  

 

The Minnesota Department of Health now has a Standard Consent Form to Release Health Information.  This form is believed to be compliant with state and federal privacy laws. There are complete instructions that will help patients fill out the authorization correctly and completely.  

 

I spoke with Michael Hawton, Center for Health Informatics at the MN Department of Health.  He was very informative and willing to answer questions about the new consent form.  He stated that there was a provision of the updated Minnesota Health Records Act (Minnesota Statutes 144.291-144.298) mandating for the Minnesota Department of Health to develop a standard consent form to access health records.  (Minnesota Statutes 144.292, subd.8).  The form was developed by the Privacy and Security Workgroup of the Minnesota e-Health Initiative.  The e-Health board consists of 26 members from both private and public entities. Michael explained that this form is believed to meet all requirements of state and federal privacy laws.  When received at a facility it is believed to be a legally enforceable request if filled out properly.  Michael informed me that there is now a Minnesota Department of Health Question and Answer Sheet for the Standard Consent Form.   This sheet shares the background and goes over general questions regarding the consent form.  The Standard Consent Form and Question and Answer sheet may be found at www.health.state.mn.us/e-health/privacy/index.html.

 

Once patients and facilities become familiar with this new consent form, it could mean that there will be less of a delay in processing a patient’s request to access their medical information. 



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