A patient at a clinic requests the release of her records that include sensitive information about a past substance abuse treatment to another healthcare provider. What must be obtained to legally allow the transfer of these records?
Implied consent based on the patient-provider relationship
For the release of records containing sensitive information such as substance abuse treatment, the clinic must obtain written authorization from the patient. This authorization is required to ensure that the patient has knowingly and voluntarily agreed for their confidential information to be shared, in accordance with federal privacy regulations. Verbal permission is not sufficient for this level of sensitive information, and a patient's request alone does not provide the necessary documentation. Additionally, an implied consent is not adequate for the release of PHI that includes sensitive treatment information.
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