Patient Records, Privacy, and Informed Consent
Records and privacy
Patient records must be accurate, legible, contemporaneous, and retained for the required period. Alaska law and federal HIPAA both apply; follow the stricter rule. Records must be released on proper authorization, and patients generally have a right to access and copy their records. Minors and personal representatives raise special consent issues.
Concepts
Know required record contents, retention periods, release procedures, fees, amendments, and redisclosure limits. Understand informed consent, emergency exceptions, telehealth consent, and the distinction between the record owner and the patient's right of access. Know how to respond to subpoenas, court orders, and quality-review requests.
Traps
Retention is not the same as release. A provider may retain a record and still must provide a copy. Another trap is releasing records on a subpoena without confirming validity or notifying the patient when required. Do not assume HIPAA preempts stricter state law.
Worked example
An attorney sends a subpoena for records without patient authorization. The office should verify the subpoena, check for a court order or required notice, and release only what is legally required. Document the response.
Rule of thumb: when privacy laws differ, apply the rule that gives the patient more protection unless a specific exception applies.