Before forwarding medical records to an MCO, utilization review programs or other health programs, physicians, hospitals, and others should get a signed copy of the patient's release of medical records. Who may grant permission to release medical record information is likewise governed by state law. The patient's right to authorize release of medical records is codified in many state statutes. These statutes all state that medical records are confidential and cannot be disclosed, except in specifically provided circumstances. However, the extent of the patient's right to access varies from state to state.
Some states allow the health care professional or provider to determine patient's right of access.
In comparison, some states expressly grant patients access to the medical information contained in their medical records. Some state laws add other elements, such as specifying on the form the reasons for disclosure or a caveat that the authorization may be revoked. Failure to get the appropriate release for medical records may have serious results. Twenty-one states punish disclosure of confidential information by revoking a physician's medical license or taking other disciplinary action. A patient's consent to disclosure of confidential information contained in a medical record may also be implied from the circumstances.