Access to Patient Records for
Investigation
Q: When is Adult
Protective Services (APS) entitled to copies of a patient’s medical record
without a signed authorization?
An
adult patient was transferred from a hospital to our skilled nursing facility
for long-term care. Prior to transfer, the hospital social worker called APS
with a concern that family members were neglecting the patient and using the
patient’s money for their own benefit. APS then came to our facility asking to
review the patient’s medical record.
A: APS and Child
Protective Services have authority under state law to obtain the information
they need to investigate cases under their jurisdiction.
Because
APS has an open investigation in this case, the caseworker has legal authority
to review the patient’s medical record or obtain copies without authorization
from the patient or the patient’s legal representative.
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