--- In hipaaems@yahoogroups.com, "Will Dunn" <dunnww@...> wrote:
>
> Hello everyone.
>
> I am (relatively) new to an agency that does not leave field patient
> care reports at the hospital once care has been handed over. I
> complained about this for a variety of reasons.
>
> I am told that there was an instance in the past where following a
> formal records release from the hospital for purposes of litigation,
> our PCR turned up--a surprise since there had been no formal records
> request from us.
>
> I have been under the impression that once we left that PCR with the
> hospital it's part of the medical record.
>
> The management here, after an opinion from our legal counsel, supports
> the practice of not leaving PCRs with the hospital since we know they
> could release it without patient consent, a HIPAA violation, except in
> the instances where it is required by law.
>
> I believe that this practice isn't doing the patient any favors, and,
> perhaps, contributing to worse patient care downstream.
>
> Anyone have any thoughts?
>
> Thanks very much.
>
> --wwd
>
Will,

If your agency has executed a valid "business associates" contract
with the hospital in question, it is legal and advisable to leave a
PCR with them, after all HIPAA never intended that patient care should
be compromised by a lack of communication. The reality is that your
agency should execute such an agreement with every facility they
transport to and keep them on file.
-BR