Medical Records Authorization (HIPAA) - Rhode Island

AUTHORIZATION FOR RELEASE OF PROTECTED HEALTH INFORMATION (HIPAA) — RHODE ISLAND

This Authorization is executed in connection with a personal-injury matter so that the Patient and/or the Patient's attorney may obtain the Patient's medical records.

1. PATIENT IDENTIFICATION

2. PROVIDER(S) AUTHORIZED TO RELEASE RECORDS

I authorize the following health-care provider(s), facility(ies), clinic(s), pharmacy(ies), laboratory(ies), insurer(s), or custodian(s) of records to release the Protected Health Information ("PHI") described below:

3. RECIPIENT(S) — PERSON(S) AUTHORIZED TO RECEIVE RECORDS

4. RECORDS AUTHORIZED FOR RELEASE

Date range of records: [__/__/____] to [__/__/____] (or ☐ all dates).

Check each category of records to be released:

• ☐ Complete medical record / designated record set
• ☐ History and physical examination reports
• ☐ Office/progress/treatment notes
• ☐ Hospital and emergency department records
• ☐ Operative and surgical reports
• ☐ Physician orders
• ☐ Laboratory and pathology reports
• ☐ Radiology/imaging reports and films (X-ray, MRI, CT, mammogram, ultrasound)
• ☐ Physical therapy / rehabilitation records
• ☐ Prescription and pharmacy/medication records
• ☐ Billing statements, itemized charges, and payment records
• ☐ Diagnostic test results
• ☐ Discharge summaries
• ☐ Other (specify): [________________________________]

5. SPECIAL-CATEGORY RECORDS — SEPARATE SPECIFIC AUTHORIZATION REQUIRED

The following categories are protected by heightened confidentiality rules. Initials document the Patient’s request but do not replace a standalone authorization or consent when governing law requires one. In particular, psychotherapy notes and Part 2 records must not be released solely on these initials; attach a compliant standalone document.

Part 2 warning: Initialing this general authorization does not itself create a consent that satisfies 42 C.F.R. § 2.31. Use a standalone consent containing every applicable current § 2.31 element. If the records will be used or disclosed in a civil, criminal, administrative, or legislative investigation or proceeding, § 2.31(d) prohibits combining that consent with a consent for any other purpose. Each disclosure made under a valid consent must also carry one of the notices permitted by § 2.32(a) and a copy of the consent or a clear explanation of its scope under § 2.32(b).

6. PURPOSE OF DISCLOSURE

The purpose of this disclosure (and the proposed use of the information) is:

• ☐ Legal representation / evaluation, prosecution, or settlement of the Patient's personal-injury claim
• ☐ At the request of the Patient
• ☐ Other (specify): [________________________________]

7. HIPAA REQUIRED STATEMENTS

7.1 Expiration. This Authorization expires on [__/__/____], or upon the following event: [________________________________]. If no date or event is specified, this Authorization expires upon final resolution of the Patient's personal-injury claim or three (3) years from the date of signature, whichever occurs first.

7.2 Right to Revoke. I understand that I may revoke this Authorization at any time by delivering written notice to the provider/custodian identified in Section 2. Revocation will not apply to information already released in reliance on this Authorization before the provider receives my written revocation. (45 C.F.R. § 164.508(c)(2)(i); R.I. Gen. Laws § 5-37.3-4(d)(3).)

7.3 No Conditioning of Treatment. I understand that the provider may not condition treatment, payment, enrollment, or eligibility for benefits on whether I sign this Authorization, except as permitted by 45 C.F.R. § 164.508(b)(4).

7.4 Redisclosure Notice. I understand that information disclosed under this Authorization may be redisclosed by the Recipient and may then no longer be protected by HIPAA. Under R.I. Gen. Laws § 5-37.3-4(e), my confidential health-care information may not be relayed to any person not specified in this consent without my additional written consent. (Special-category records under Section 5 remain subject to the redisclosure prohibitions of 42 C.F.R. Part 2 and applicable Rhode Island law.)

7.5 Right to a Copy. I understand that I am entitled to a copy of this signed Authorization. (R.I. Gen. Laws § 5-37.3-4(a)(1).)

7.6 Voluntary. I understand that signing this Authorization is voluntary.

8. RHODE ISLAND COPY-FEE AND RESPONSE-TIME NOTE

Rhode Island's Confidentiality of Health Care Communications and Information Act (R.I. Gen. Laws § 5-37.3-4) requires written patient consent on a form meeting the content requirements of subsection (d) before confidential health-care information is released, and a copy of the signed consent must be provided to the patient on request. A patient or attorney retains the right to consult with the patient's own physician and obtain the patient's own health-care information (§ 5-37.3-4(b)(8)).

The Act does not fix a statutory per-page copying fee; providers may charge a reasonable, cost-based fee. For a request by the patient or the patient's personal representative, the fee is governed by the HIPAA right of access (45 C.F.R. § 164.524) and is limited to the cost of labor, supplies, and postage. Under the HIPAA right of access, a covered entity must generally act on a request within 30 days (with one 30-day extension on notice).

9. SIGNATURE

Personal Representative (if Patient is a minor, incapacitated, or deceased)

Notary (optional)

State of Rhode Island, County of [________________________].

Subscribed and sworn to before me on [__/__/____] by [________________________________].

Sources and References

• HIPAA authorization core elements — 45 C.F.R. § 164.508: https://www.law.cornell.edu/cfr/text/45/164.508
• HIPAA right of access — 45 C.F.R. § 164.524: https://www.law.cornell.edu/cfr/text/45/164.524
• Substance use disorder records — 42 C.F.R. Part 2: https://www.ecfr.gov/current/title-42/chapter-I/subchapter-A/part-2
• R.I. Gen. Laws § 5-37.3-4 (limitations on and permitted disclosures): https://law.justia.com/codes/rhode-island/title-5/chapter-5-37-3/section-5-37-3-4/
• R.I. Gen. Laws § 40.1-5-26 (disclosure of confidential mental health information and records): https://law.justia.com/codes/rhode-island/title-40-1/chapter-40-1-5/section-40-1-5-26/
• R.I. Gen. Laws § 23-6.3-7 (confidentiality of HIV test results): https://webserver.rilegislature.gov/Statutes/TITLE23/23-6.3/23-6.3-7.htm