Who can consent to the release?
Who may grant permission to release medical record information is likewise governed by state law. Generally, the authority to release medical information is granted to: (1) the patient, if a competent adult or emancipated minor; (2) a legal guardian or parent if the patient is incompetent or a minor child; and (3) the administrator or executor of the patient’s estate if patient is deceased. The patient’s right to authorize release of medical records is codified in many state statutes. These statutes all state that medical records are confidential and cannot be disclosed, except in specifically provided circumstances. However, the extent of the patient’s right to access varies from state to state. Some states allow the health care professional or provider to determine patient’s right of access. In comparison, some states expressly grant patients access to the medical information contained in their medical records. What has to be in the release? Typical elements of a valid general releas
