Attorney Requests for PHI
This is a question that is raised frequently. It is sometimes a confusing issue. We hope this clears up any confusion.
Q. When an attorney requests records and asks that all records be released, must we comply and send all of the patientâ€™s medical records?
A. If the request was accompanied by the patientâ€™s authorization, review the authorization to determine what information the patient authorized for release. If the patientâ€™s authorization states that â€śany and all recordsâ€ť may be released, you still must apply minimum necessary criteria.
Speak with the attorney to determine which records are needed and release only those records.
If a patientâ€™s authorization specifies release of a limited subset of records, you must comply with that authorization, even if the attorney requests more information.
If a subpoena seeking â€śany and all recordsâ€ť accompanies the attorneyâ€™s request, you must apply minimum necessary criteria.