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What form is needed to obtain health records in New York regarding my son's health?

What form is needed to obtain health records in New York regarding my son's health?

Full question:

What type of form do I need to obtain health records from New York State doctors regarding my son's past health? He has given me power of attorney to try to get the records I have written to them but get no cooperation. They tell me they are covered under law to refuse to give records, notes, tests or other information. can you direct me to the necessary information and forms I should be looking. The records I need are from past office and hospital stays that involve psychritics. Is there any way you could assist me or perhaps lead me in the right direction Thank you Sue

Category: Medical Records
Date: 04/07/2025
State: Florida

Answer:

Please see the information at the following links:

http://www.ftnys.org/HIPAA%20rights.pdf
http://definitions.uslegal.com/h/health-insurance-portability-and-accountability-act-hipaa/

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the NYS law regarding medical records?

In New York State, patients have the right to access their medical records under the New York State Public Health Law (N.Y. Pub. Health Law § 18). Health care providers must provide access to records within 10 days of a request. However, certain records, especially those related to mental health, may have additional protections and restrictions. Patients or their authorized representatives can request copies of records, but providers may charge a fee for copying.

What is a medical release form used for?

A medical release form is a document that allows a patient to authorize healthcare providers to share their medical information with a third party, such as another doctor or a family member. This form typically includes the patient's details, the specific records to be released, and the duration of the authorization. It ensures compliance with privacy laws like HIPAA while facilitating the sharing of important health information.

What three decisions cannot be made by a legal power of attorney?

A legal power of attorney cannot make decisions regarding the following: 1) Consent to medical treatment if the principal is capable of making their own decisions; 2) Create or revoke a will; and 3) Make decisions that are illegal or against public policy. The authority granted can vary, so it's essential to specify the powers in the document.

Does a power of attorney override HIPAA?

A power of attorney does not override HIPAA regulations. While a power of attorney can grant someone the authority to access medical records, HIPAA still requires that the patient or their legal representative follow specific procedures to obtain those records. The individual must provide proper documentation, such as a signed release form, to comply with privacy laws.

What are the limitations of a medical power of attorney?

A medical power of attorney has limitations, including: 1) It cannot make decisions if the principal is capable of doing so; 2) It may not cover financial decisions unless specifically stated; and 3) It cannot make decisions that are contrary to the principal's previously expressed wishes. The scope of authority should be clearly defined in the document.

Can a power of attorney request medical records?

Yes, a power of attorney can request medical records on behalf of the principal, provided that the document grants them the authority to do so. The request must comply with HIPAA regulations, which typically require a signed release form. It's important to ensure that the request includes all necessary information to facilitate access to the records.