Navigating the new attestation requirements in medical record requests may seem exasperating. However, complying with new legal developments may not be arduous with our team on your side.
Our knowledgeable team at National Record Retrieval stays on top of industry changes to ensure the attorneys at your law firm benefit from our expertise. We could help you learn more about the new attestation requirements and how we ensure compliance.
The Department of Health and Human Services’ new Health Insurance Portability and Accountability (HIPAA) attestation requirements came into effect in 2024. To request protected health information, you must now submit a formal, written, and signed attestation that verifies the intent behind your request. The new condition’s purpose is to ensure third parties are not using a patient’s reproductive health care information for prohibited purposes, including assigning legal responsibility or in investigations, such as punishing a woman for obtaining an abortion in a permissible state.
Some health care facilities are satisfied with a simple patient-signed authorization for release. However, that may not be true in every case. As medical providers implement the new policy, and it continues to evolve, release of information offices may interpret the attestation requirements differently.
That is why it is essential to expect updates as health care agencies, law firms, and government agencies clarify these new rules. For example, 15 states—including Tennessee, Georgia, and Montana—have already filed a joint complaint challenging this new legislation.
According to the new requirements under 45 CFR 164.509, the updated medical attestation form must include certain information, including a description of your record’s request, the patient’s name, the requesting party’s information, and a clear statement of use. You must also provide a statement acknowledging the criminal penalties for knowingly violating HIPAA, as well as an authorized signature and date. Our office and clients are prohibited from adding elements to the form beyond what is required.
The reason your attorneys use National Record Retrieval’s professional services is to ensure your firm stays efficient and each case is as cost-effective as possible. While it is important to be aware of the current attestation requirements and to prepare for medical record retrieval rejections due to missing forms, we could help you navigate this updated process by keeping a signed document on file, so you do not need to complete a new form for each record’s request.
Following the Supreme Court’s overturn of Roe v. Wade, the country’s reproductive health privacy laws are rapidly evolving. The recently added attestation requirements are relevant to personal injury legal professionals and others.
Contact National Record Retrieval to learn about these changes. We would like to explain how our team could help you navigate the new requirements while seamlessly providing you with the records you need to win cases.
