Los Angeles, CA asked in Health Care Law and Legal Malpractice for California

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?

1 Lawyer Answer
James L. Arrasmith
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Answered

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.

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