Legal Question in Medical Malpractice in Michigan
Release of medical information for discharge planning
Recently, the hospital that I work for made the decision to aggressively pursue the search for extended care facilities (nursing homes) prior to the discussion with the patient and family regarding their nursing home of choice. I am concerned that by sending PHI out to as many as 150 facilities, via electronic transferral of information, that I am violating HIPAA laws.
3 Answers from Attorneys
Re: Release of medical information for discharge planning
Check the forms that the patient signs when checking into the hospital. Chances are the forms are broad enough to protect everyone. You forget, these hospitals have lots of lawyers. William S. Stern
Re: Release of medical information for discharge planning
You are right to be concerned. As a medical malpractice defense attorney, I have the experience to know that the patient's attorney will not allow you to hide behind the hospital and if it is you that disseminates their personal and confidential medical information, both you and the hospital could be named as parties to a lawsuit. You should get in touch with the risk management department and speak with one of their attorneys. It could be that the risk management department is not even aware of the plan.
If you have further questions or concerns, please contact me via my website at www.lawrefs.com.
Re: Release of medical information for discharge planning
Most medical facilities require patients to sign a release form regarding HIPAA regulations and the hospital's privacy requirements and sharing laws. These notices are drafted and reviewed by the hospital's lawyers, so you are likely not violating any laws. If in doubt, ask the legal counsel at your hospital regarding the actions you are taking.