Denied access to Mother's Medical Records

[lowens1975]

What is the name of your state (only U.S. law)? Florida

When my mother went under hospice care, she gave my name as the person to release medical information to. She passed away in 2009 and I called hospice (yesterday) and asked for copies of her records. I was told 'get a court order' granting me access by a judge...HUH?

Not only will have to pay an attorney to file the request, because I have no idea where to even start, I will have to pay court costs for filing and then eventually pay for the copies.

Is this a state regulation or could it be some rule of the hospice?

 

[cbg]

Did she provide you with WRITTEN authority to have access to the records?

If not, then under HIPAA they CANNOT legally give them to you without a court order. If so, then it would depend on the exact wording of what she signed.

 

[ecmst12]

Before you go getting all panicked about lawyers and court orders, I would start by sending a proper written request to the hospice's medical records department.

 

[lowens1975]

Did she provide you with WRITTEN authority to have access to the records?

If not, then under HIPAA they CANNOT legally give them to you without a court order. If so, then it would depend on the exact wording of what she signed.

She signed a written release form provided by the Hospice, giving Hospice authorization to discuss and release information about her treatment and condition with me. I haven't seen the exact form or the wording of it.

 

[tranquility]

I'm thinking such a release ended on the death of the principal. The estate would be the one to request now.

 

[lowens1975]

She signed a written release form provided by the Hospice, giving Hospice authorization to discuss and release information about her treatment and condition with me. I haven't seen the exact form or the wording of it.

According to FL law that I could find, the health records of a deceased individual are not considered owned or part of the estate. They are 'owned' by the record holders.

 

[tranquility]

Medical records are never "owned" by the patient, so I am uncertain as to your point. If it is for the proposition that the estate cannot stand in the stead of the living person when a request for medical records is done, I find it unlikely but have not researched the matter. Still, it will be the estate who can initiate a lawsuit where the records can be subpoenaed, so SOME rights carried through.

Info edit:
One hospital says:

Medical Records at TMH
How do I request a copy of my medical records?
To request a copy of your medical records from TMH, you will need to submit a written request to our Medical Record Department. You may use our standard authorization form or write a letter. You may mail, fax or deliver the written request to us (see contact information below).

There is no charge for records provided to other healthcare providers. A charge of $1.00 per page applies otherwise.

Florida law requires that we obtain written authorization from the patient (if 18 or over) or legal representative (custodial parent of a minor, Power of Attorney, court-appointment guardian, etc.).

The personal representative of an estate or surviving spouse must authorize the release of a deceased patient’s medical records. A copy of the “Order Appointing Personal Representative” or a copy of the death certificate should accompany this authorization. If there is no surviving spouse or Personal Representative, the next of kin may provide a notarized Affidavit of Next of Kin form.

The Medical Record Department is located on the ground floor of the main hospital near the Magnolia Lobby.

 

[lowens1975]

I'm thinking such a release ended on the death of the principal. The estate would be the one to request now.

The 'estate' is busy trying to forget failure by bellying herself up to a bar and trying to avoid the whole probate thing because that would mean facing responsibility.

I've approached the 'estate' and found refusal and repeated use of the "F" word

 

[Zigner]

Does the hospice center feel you may be looking to sue them?

 

[lowens1975]

Does the hospice center feel you may be looking to sue them?

Could be, but that's not my intentions.

 

[Zigner]

Why do you think they are required to allow you access to the records without getting a court order?

 

[lowens1975]

Why do you think they are required to allow you access to the records without getting a court order?

I don't think either way, I don't know, that's why I came here to find out why they would reguest that I go to a judge in the first place. If I know the 'why' it would go along way in me understanding.

 

[Zigner]

I don't think either way, I don't know, that's why I came here to find out why they would reguest that I go to a judge in the first place. If I know the 'why' it would go along way in me understanding.

I suspect they feel you are not entitled to the records. They feel that the only way they will release the records to somebody who is otherwise not entitled to them is with a court order.

 

[Flowers]

I believe Hospices are regulated by Florida's department of health. IF so, call or email your state Dept. of Health and be guided by what they tell you. If you are entitled to them they can "force" the Hospice to turn them over.

Flowers


When my mother went under hospice care, she gave my name as the person to release medical information to. She passed away in 2009 and I called hospice (yesterday) and asked for copies of her records. I was told 'get a court order' granting me access by a judge...HUH?

Not only will have to pay an attorney to file the request, because I have no idea where to even start, I will have to pay court costs for filing and then eventually pay for the copies.

Is this a state regulation or could it be some rule of the hospice?[/QUOTE]