Medical Records and the Law

Recommended Policies and Procedures 371tion of the patient or his or her legal representative or upon receipt of avalid subpoena. 116 Information disclosed to authorized users should belimited strictly to that required to fulfill the purpose stated on the authorization.Authorizations for release of “any and all information”without specifically mentioning HIV or AIDS should not be honored.Due to the sensitivity of this information, it should not be transmittedvia facsimile machine or disclosed over the telephone unless urgentlyneeded for patient care. Redisclosure of information relating toHIV/AIDS should be prohibited, unless otherwise required by statelaw.116Some states require a court order for release, thus protecting the records of HIV/AIDSpatients from discovery by subpoena.