Q: Conditions of admission to hospital with unenforceable waiver to authorize release of records.
How plaintiff can discover why plaintiff's conditions of admission to hospital included absurdly broad unenforceable waiver for authorization to release records? How to realistically discover if such conditions of admission were standards, or tailored based on some criteria?
A:
To determine whether the conditions of admission with the broad waiver for authorization to release records were standard or tailored, you could take the following steps:
1. Request your medical records: Under the Health Insurance Portability and Accountability Act (HIPAA), you have the right to access your medical records. Submit a written request to the hospital's medical records department to obtain a copy of your records, including the conditions of admission form you signed.
2. Compare with other patients' experiences: Reach out to other patients who were admitted to the same hospital and inquire about their conditions of admission. You can ask if they encountered similar broad waivers for the release of records. This can help you determine if the practice was standard or specific to your case.
3. Contact the hospital's patient advocate: Hospitals often have patient advocates who assist patients with their concerns. Reach out to the patient advocate and inquire about the hospital's policies regarding conditions of admission and the release of records.
4. Consult with a healthcare attorney: If you suspect that the waiver was tailored based on certain criteria, consult with a healthcare attorney who specializes in patient rights and medical privacy laws. They can review your case and advise you on the best course of action to discover the reasons behind the waiver.
5. File a complaint with regulatory bodies: If you believe that the hospital violated your rights or engaged in discriminatory practices, you can file a complaint with the California Department of Public Health (CDPH) or the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS).
Remember that while the waiver may seem broad and unenforceable, it is essential to gather evidence and consult with legal professionals to determine the best approach for your specific situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.