1. The patient needs to have a signed CONSENT FORM. The HIPAA CONSENT allows the healthcare provider to share PHI with other healthcare providers, in this case a colleague, for the purposes of delivering patient care.
2. An AUTHORIZATION document must be signed by the patient to release PHI, in this case x-rays, to the patient’s attorney. Authorization is necessary in this circumstance because the disclosure has nothing to do with the medical care provided by the provider, or other permitted disclosures contained in the Privacy Rule.
References
Gartee, Richard. (01/2011). Electronic Health Records: Understanding and Using Computerized Medical Records, VitalSource for Allen …show more content…
The electronic signature is binding in the State of Idaho. Our State Medicaid program has adopted the Medicare Guidelines for electronic signatures in the medical record.
Idaho Medicaid will adopt the current Medicare electronic signature policy for physician/midlevel orders and other medical record documentation for medical review purposes. This policy is applicable to all orders and other medical records for Idaho Medicaid participants. (Health and Welfare, Idaho, 2010, p. 1-2)
There is one exception that Idaho made and that was for the case for terminal illnesses in securing Hospice services.
Facsimiles of original written or electronic signatures are acceptable if they are for certifications of terminal illness for hospice. (Facsimile and hard copies of a physician’s electronic signature must be in the patient’s medical record for the certification of terminal illness for hospice.) (Health and Welfare, Idaho, 2010, p. 1-2)
The individual whose name is on the electronic signature and the provider bear the responsibility for authenticity. (Health and Welfare, Idaho, 2010, p.