Q. When
an attorney requests records and asks that all records be released, must we
comply and send all the patient's medical records?
A. If
the request was accompanied by the patient's authorization, review the
authorization to determine what information the patient authorized for release.
If the patient's authorization states that "any and all records" 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 patient's authorization specifies the release of a limited
subset of records, you must comply with that authorization, even if the
attorney requests more information.
If a subpoena seeking "any and all records" accompanies
the attorney's request, you must apply minimum necessary criteria.