Q&A: Responding to third-party record requests

Q. I have a question regarding third-party medical record requests. Are we obligated to send referral notes, consult notes, and other records from another physician? I have always been told that you can only release records produced by your office.

A. If you’re releasing information for patient care, you should release any information that would help another provider care for the patient. (Remember that HIPAA’s “minimum necessary” requirement does not apply to treatment requests.) For other requesters (such as insurance companies or attorneys), release only the information created by your office.

Editor's note: This question was answered by Mary D. Brandt, MBA, RHIA, CHE, CHPS. Brandt is a healthcare consultant specializing in healthcare regulatory compliance and operations improvement.This information does not constitute legal advice. Consult legal counsel for answers to specific privacy and security questions. Opinions expressed are those of the author and do not represent HCPro or ACDIS. Email your HIPAA questions to Editor Nicole Votta at nvotta@hcpro.com.