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Legal Aspects of Health Information Management --- Please Help!! THANKS!?

Paula Patient鈥檚 attorney asks Dr. Bob for medical records about Paula鈥檚 car accident and promises to provide a written authorization from Paula later. Dr. Bob gives the attorney Paula鈥檚 entire file, including her records about treatment for HIV. Discuss any violations of HIPAA privacy rule that may have occurred.

1. No authorization was given - for all we know the attorney could be some scammer or a journalist.

2. The authorization - should have a clear explanation of what should be disclosed. For most cases, Dr's offices/Hospitals should only disclose on a need to know basis. For an accident case, the attorney should only know what the patient had (probably a trauma diagnosis) and how it was treated (surgery)...nothing else

3. Again, without that authorization - treatment of HIV/Alcohol/Drug abuse records should not be disclosed unless it was clearly documented that it should be released by Paula.

The Attorney - at fault
Dr Bob and his office manager (who probably needs HIPAA training) - totally at fault

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