Ambulance Reports/Billing Questions
EMERGENCY MEDICAL SERVICES RECORDS
A. Generally
It is the intent of the Board of Trustees of the Byron Fire Protection District to maintain the confidentiality of records while following the law with respect to disclosure of emergency medical services records. All records regarding emergency medical services ("EMS") will be kept in strict confidentiality, unless otherwise provided by law.
B. Requests for Medical Records
1. If a patient requests to inspect or copy his or her own EMS records, he or she must make a formal request under the Freedom of Information Act and the Health Insurance Portability and Accountability Act ("HIPAA").
2. If the records of a patient are requested by subpoena, the party requesting the records must either:
a. Submit a notarized release signed by the patient, or
b. Certify under oath that the subpoena is lawfully issued and that the situation meets one of the exceptions for release of information set forth pursuant to HIPAA and Section 8-802 of the Illinois Code of Civil Procedure. (735 ILCS 5/8-802) The District shall review the nature of the court action at issue and determine whether the subpoena meets one of the exceptions for release of medical records. If the District determines that the records may be released, it shall seal such records in an envelope and deliver them directly to the court for an in camera inspection.
3. If an individual or organization other than the patient wants to inspect or copy the records of the patient, the requestor must make a formal request under the Act and follow all District policies and procedures regarding such a request.
4. Upon receipt of the required documents, the Fire Chief shall release the identified records to the person or organization stated on the release.
5. If the record has any information regarding the medical condition or treatment of another person, the Fire Chief shall delete or mask this information before releasing the record. Statements by or information regarding District personnel, police officers or other public employees performing official duties shall be left in the record. Furthermore, the identification of witnesses to traffic accidents, traffic accident reports, and rescue reports may be provided.
C. Administrative Regulations
The Fire Chief shall adopt administrative regulations to implement this policy.
LEGAL REF.: 5 ILCS 140/1 et seq.; 210 ILCS 50/1 et seq.; 410 ILCS 50/0.01 et seq.; 735 ILCS 5/8-802
DISCLOSURE OF EMERGENCY MEDICAL SERVICES RECORDS
A. Receipt of Request
Upon receipt of a request for the disclosure of emergency medical services ("EMS") records ("Records"), the District will notify the person requesting records ("Requestor") of the District's policy on such disclosure.
B. Response to Request
If an individual provides the District with a Freedom of Information Act (FOIA) request form and a properly signed and notarized "Authorization to Release Individual Records" (See Form 1), by the person who is the subject of the records, the District may release the records in accordance with all applicable law.
C. Requests by Person Other Than Subject of Record
1. If the Requestor is not the subject of the records, the District will first confirm that the proper documentation has been submitted, i.e. HIPAA and FOIA request form, "Certification of Lawful Subpoena for Records," and/or Affidavit of Relationship.
2. The District will then determine if the Requestor has stated a lawful basis for receiving the records.
3. In the case that a Patient's Records are requested by a subpoena, an attorney or other representative must state on oath that the subpoena has been lawfully issued and that the situation meets one of the exceptions for release of information set forth under HIPAA and Section 8-802 of the Illinois Code of Civil Procedure (735 ILCS 5/8-802). The District shall review the nature of the court action at issue and determine whether the subpoena meets one of the exceptions for release of medical records. If the District determines that the records may be released, it shall seal such records in an envelope and deliver them directly to the court for an (in camera) inspection. (See Form 2)
4. If the Records are not requested by subpoena and are not requested by the Patient, the Requestor must submit an "Affidavit of Relationship" that sets forth a lawful basis for receiving the records. (See Form 3)
a. For purposes of this policy, the Affidavit of Relationship must establish that disclosure of the records would not be privileged under Section 8-802 of the Illinois Code of Civil Procedure on "Physician and Patient" (735 ILCS 5/8-802). The District chooses not to disclose any information acquired in attending any patient, except in the following situations:
b. For purposes of this policy, the parent or guardian of a minor or incompetent adult is authorized to receive the Patient's records.
c. For purposes of this policy, the following are authorized to receive a Patient's records:
i) The party making treatment decisions if the patient is incapable of making decisions regarding the health services provided.
ii) Those parties directly involved with providing treatment to the patient or processing the payment for that treatment (for example, paramedics and EMTs).
iii) Those parties responsible for peer review, utilization review, and quality assurance (for example, the EMS coordinator).
iv) Those parties required to be notified under the Abused and Neglected Child Reporting Act, the Illinois Sexually Transmissible Disease Control Act or where otherwise authorized or required by law.
D. Complying With The Request
If the record has any information regarding the medical condition or treatment of the medical condition or treatment of another person, the District shall delete or mask this information before releasing the record. Statements by or information regarding District personnel, police officers or other public employees performing official duties should be left in the record. Furthermore, the identification of witnesses to traffic accidents, traffic accident reports and rescue reports may be provided.
LEGAL REF.: 5 ILCS 140/1 et seq.; 210 ILCS 50/1 et seq.; 410 ILCS 50/0.01 et seq.