Privacy Officer's Roundtable

Please give me your opinion on the following scenario:  A man asks a doctor to accept him as a new patient, stating that his previous doctor discharged him because he canceled his appointment.  Both doctors are part of the same health care system and use the same EMR.  Can the "new" doctor access the patient's chart before accepting him as a patient to view the documentation on why the patient was discharged from his previous physician?  My thoughts are that the physician cannot access the patient's chart before accepting him as a new patient because he is not the doctor's patient yet.  My coworkers are saying it is acceptable if the physician looks at the patient chart before making the decision to accept the man as a new patient.  What say you?  I have been looking for a rule or regulation that addresses this but I've come up empty-handed.  Your help is appreciated!
Cinda

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Cinda
Compliance/Ethics & Privacy Director
Ohio
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The patient must have signed a General Consent to see the other doctor. What does that form say? What does your NPP say?

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Brenda Manning, JD, CHC, CHPC

The views expressed herein are my own and do not represent those of my employer. They are not meant to constitute legal advice or create an attorney-client relationship.
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Original Message:
Sent: 02-01-2018 02:41 PM
From: Cinda Kropka
Subject: Accessing Patient's Chart

Please give me your opinion on the following scenario:  A man asks a doctor to accept him as a new patient, stating that his previous doctor discharged him because he canceled his appointment.  Both doctors are part of the same health care system and use the same EMR.  Can the "new" doctor access the patient's chart before accepting him as a patient to view the documentation on why the patient was discharged from his previous physician?  My thoughts are that the physician cannot access the patient's chart before accepting him as a new patient because he is not the doctor's patient yet.  My coworkers are saying it is acceptable if the physician looks at the patient chart before making the decision to accept the man as a new patient.  What say you?  I have been looking for a rule or regulation that addresses this but I've come up empty-handed.  Your help is appreciated!
Cinda

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Cinda
Compliance/Ethics & Privacy Director
Ohio
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Original Message------

The patient must have signed a General Consent to see the other doctor. What does that form say? What does your NPP say?

------------------------------
Brenda Manning, JD, CHC, CHPC

The views expressed herein are my own and do not represent those of my employer. They are not meant to constitute legal advice or create an attorney-client relationship.
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If it's the same CE, it seems to be more of an internal policy issue IMO in terms of business access to the EMR.

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Brenda Manning, JD, CHC, CHPC

The views expressed herein are my own and do not represent those of my employer. They are not meant to constitute legal advice or create an attorney-client relationship.
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Original Message:
Sent: 02-02-2018 04:01 PM
From: Cinda Kropka
Subject: Accessing Patient's Chart

Brenda, I see your point.  Thanks to you and everyone who responded!  Have a great weekend!

Cinda

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Original Message------

The patient must have signed a General Consent to see the other doctor. What does that form say? What does your NPP say?

------------------------------
Brenda Manning, JD, CHC, CHPC

The views expressed herein are my own and do not represent those of my employer. They are not meant to constitute legal advice or create an attorney-client relationship.
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