Question

multiple choice question

who controls the amount and type of information that is released to an entity not directly involved in the patients care?

• the party that is requesting the records
• the provider
• the insurance company
• the patient

Explanation:

Identify the core legal and ethical principle

Using the Patient Privacy Regulations knowledge point

Under federal privacy regulations, specifically the Health Insurance Portability and Accountability Act (HIPAA), a patient maintains the ultimate authority over their protected health information (PHI).

Determine control over third-party disclosures

When disclosing medical records to an outside entity not directly involved in treatment, payment, or healthcare operations (such as an employer, attorney, or third party), the disclosure requires a signed authorization. The individual who specifies exactly what information can be shared, to whom, and for what purpose is the patient.

Evaluate the given options

• The party requesting the records: They can ask for information, but they do not control what is legally permitted to be released.
• The provider: While the provider owns the physical or electronic medical record, they only act as the custodian and cannot release PHI to non-treatment entities without patient authorization.
• The insurance company: They only have access to information necessary for payment and operations, not general control over external releases.
• The patient: The patient holds the legal right to authorize and limit the scope of disclosures to third parties.

Answer:

• The party that is requesting the records
• The provider
• The insurance company
• The patient (Correct answer)