From the Listserv Edited by Louise A. Lock
Louise A. Lock is a solo practitioner who received her law degree from the University of Baltimore School of Law. Her practice concen- trates in the areas of medical malpractice, drug products liability and personal injury.
Disclosure of Health Care Records/ Authorizations and Assignements
From: Charles Gilman:
cgilman@mdattorney.com:
My client was involved in an automo- bile accident goes to the doctor and is prescribed Physical Therapy (PT). The doctor sends me reports and bills once I provided an authorization from my cli- ent. I provide the same authorization to the PT facility. The PT facility refuses to release the records until both my client and I sign a Authorization and Assign- ment (A&A). I would prefer not to sign the A&A. Any suggestions?
From: Charles Matz:
matz@comcast.net:
The PT clinic’s action is illegal. A
health care provider must release records upon presentation of a proper authoriza- tion, and may not refuse to release the records unless an A&A is signed. See Sec- tions 4-303, 4-304(a), and 4-309 of the Health-General
Article.The best way to handle situations like this is a progression from “niceness”to “forcefulness.” The staff of health care practices are not lawyers, and when they ask for an A&A as a con- dition for releasing the records, many of them are merely applying rules of the prac- tice that they did not
adopt.Also, there are undoubtedly lawyers who sign the A&A when told that they must do so to obtain the records, and the clinic may be seeing if you will too. The staff will fre- quently relent when advised of the
law.First, you should call the clinic and nicely inform the records department of the statute. (“You know, the law says that you have to send the records to me, even
without an A&A.” “I can fax you a copy of the statute if you want.”) Merely do- ing that, in many cases, brings a favorable result.If that doesn’t work, send a nice let- ter to the clinic, enclosing a copy of the statutes with the relevant provisions high- lighted. Say that the law requires them to release the records to you, and you trust that they will do so.If the nice letter does not work, it’s time to send the “forceful” letter. Remind them of the law, and di- rect their attention specifically to Section 4-309 of the Health-General Article. That statute provides that it is both a civil and a CRIMINAL offense for a health care provider to refuse torelease records within a reasonable time after receiving a proper authorization. Advise them that none of your clients has ever had to file suit, or file criminal charges, against a health care provider for refusing to release records, and you trust that this will not be neces- sary here because the clinic will comply with the law. But if they continue to defy the law, your client will be left with no alternative.
From: Schloss, Eric:
Eschloss@gfrlaw.com:
Is there any particular language Listserv members add before signing a standard A & A from medical providers in PI cases? I am just trying to make sure I protect the interests of my client and myself when signing such a document. Thank you in advance for any responses.
From: Troy Powers:
tpowers@abs.net:
The standard thing I do is not sign it.
What are the pressing circumstances that you feel compelled to sign?
From: Nathaniel Fick:
NFick@neurolaw.com:
Eric and group .......I would love to say I ..... NEVER...... sign A&A’s, but I am
38 Trial Reporter
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