Police want records

I received a call this morning from a police officer who wants to discuss a patient or get the patient's records. The patient is a 75 year old demented man and the police officer is investigating allegations of elder abuse. He thinks the patient's caregiver is stealing money from him. We have always felt that might be the case but were never sure. I told the officer he would need a court order to get the records, but I'm wondering if that was correct. What are the laws about forking over patient records for an investigation? Thanks.

attorney

Refer to your attorney. This is a legal matter. Hand over nothing right now.

I think you need to provide them...

Check out your HIPAA policy. Ours says "under certain circumstances, we may disclose health information to law enforcement officials. These circumstances include...pursuant to certain subpoenas or court orders...reports regarding suspected victims of crimes at the request of a low enforcement official..."

Like the previous poster said, its never a bad idea to check with your attorney, but I think you're safe providing the records, even without a court order. And it just might help the victim.

I guess you should make sure that this particular patient signed a HIPAA acknowledgment form, which is hard to do for dementia patients. And if the alleged abuser is also the medical POA, there might be some backlash.

But I think your actions would be defend-able in a court of law if you decide to provide the records.