Informed consent

Respond to two other classmates’ posts.
Remember to demonstrate more depth and thought than saying things like “I agree” or “You are ” Examples of quality posts include:
providing additional information to the discussion,
elaborating on previous comments from others,
presenting explanations of concepts or methods to help fellow students,
presenting reasons for or against a topic in a persuasive fashion,
sharing your own personal experiences that relate to the topic, and
Providing a URL and explanation for an area you researched on the Internet.

This is the initial prompt. You do NOT have to respond to this, It’s only for providing more information:
“You supervise the release of information (ROI) section in the health information management department of an acute care hospital, which is also a Level II regional trauma center. Today the hospital received a subpoena duces tecum from an attorney, demanding either the originals or copies of all health records on Paul Johnson, who was allegedly a patient of the hospital. The ROI clerk came to you, unsure what to do. The subpoena lacks sufficient information for you to determine whether Mr. Johnson is (or was) a patient in the facility. Also, the subpoena was not accompanied by a valid authorization to release information for Mr. Johnson, as required in your state.
How should you respond to the subpoena? Specifically address each of the following your initial response: (1) the steps that you should take, as the supervisor, to take to determine whether Mr. Johnson is or was a patient in the hospital; (2) how the organization should respond to the subpoena; and (3) what regulations apply to this request that could be used as justification in your response. ”

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I need two separate paragraphs. One for each classmate. That’s all, just the two.

Classmate 1:
” In the steps as a supervisor, we would need to ensure that we have written consents from the patient, along with correct attached documentations. The provider needs to also ensure that we have allowed time for the patient to object to the subpoena. A valid HIPAA authorization form must also be used, we cannot allow any other form to be used and allow information to be released if it is NOT HIPAA requirements. Once we have all the ducks in a roll for the approval to release the information than we move on to the next step which is what is on the subpoena. If it is asking for specifics, only release the information requested ( unless it is a specially protected record), if it is a entire records request it is everything except specially protected records. If they are looking for the specially protected records we can only deliver that with judge or patient signed request. Ensure that you get the paperwork to the courts by the day they are requesting (some may be a.s.a.p). If a person is deceased same rules apply but the approval signature comes from a personal representative. Keep in mind that if the patient is in suit with the attorney that is requesting the information, there is no need for permission to release information. ”

Classmate 2:
“The first thing I would do as a Release of information supervisor is determine what jurisdiction the subpoena originated from. After the jurisdiction is verified, I would confirm that the subpoena is signed by a judge or magistrate. The Personal Health Information of a patient cannot be provided to an attorney unless that patient has given prior authorization. Review documents for the date in which the records are required I would respond to the subpoena because failure to respond could result in Contempt of court. I would also have to confirm that the patient was in the hospital at the time in question to establish hospital patient relationship. The supervisor must also make sure the hospital records are complete as well as review the document to determine if privileged information has been requested. If privileged information is requested, I would search documents for patient authorization. If there is no authorization, As the supervisor I would have to locate and inform the patient of subpoena in order to obtain authorization.

I would respond to the subpoena by providing the requested patient health information to the appropriate persons by the date in which the records are requested.

G.S. 90-21.13. Informed Consent”

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