Privacy Officer's Roundtable

Accessing Chart of Prospective Patient

  • 1.  Accessing Chart of Prospective Patient

    Posted 02-26-2020 02:03 PM
    Hello all!  I've been trying to find information on the following:
    Can a physician access a prospective patient's EMR before accepting him/her as a patient?  The reason for the access is to "screen" the patient's medical condition to ensure they are capable to provide the type of medical care the patient needs.
    Thank you, your input is greatly appreciated.
    Cinda

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    Cinda
    Compliance/Ethics & Privacy Director
    Ohio
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    2020 SCCE Membership


  • 2.  RE: Accessing Chart of Prospective Patient

    Posted 02-26-2020 02:49 PM
    Cinda, I would say under HIPAA it is fine; but if, for example, you are talking about mental health information, CA regulations would not allow it, without a signed authorization, unless the physician has "the medical or psychological responsibility for the patient."

    So, state regulations may impede sharing for certain medical information.

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    David Rothery, CHC, AWI-CH
    Compliance & Privacy Officer
    Marin County, CA


    These are my personal opinions and not those of the County of Marin
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    2020 SCCE Membership