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Michigan General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in Michigan that do not fit into any other Michigan sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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  #1  
Old 09-12-2006, 10:07 AM
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Arrow Important – Health Info Authorization Release Form

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Several weeks ago there was a thread on PTO relative to the MDOC health information authorization release form that our loved ones could sign so that we could find out about their medical condition, etc. should they become very ill or hospitalized. I, at that time, posted that my loved one had signed a Durable Power of Attorney for Health Care, which included the HIPAA medical information release language. Others said their loved ones had signed the MDOC health information authorization release form and it was good for six (6) months only.

The MDOC decided they wanted my guy to execute the MDOC health care power form and I inquired why there was no medical information release language in it. I was told that he would also have to sign the additional MDOC health information authorization release form. BUT, and this is a big BUT and what is IMPORTANT. The MDOC health information authorization release form is indeed only good for six (6) months, but that means only for information in arrears, or, in other words, for prior information backwards from the date it was signed. If an inmate signs that form today and he is taken ill or hospitalized tomorrow, you would NOT be entitled to any current and/or future information beyond the date the form is signed.

When they told me this at Lakeland, I was floored. I have been a legal assistant for over 30 years and I have never heard of anything so ridiculous, nor has my attorney boss. Lakeland suggested I call Lansing and talk to them. I finally reached the head lady there today. What I was told is indeed correct…..the MDOC health information authorization release form is only good backwards, not forwards. I must say I am aghast at this information.

Now, it is possible that some of the facilities are not aware that they cannot give out current and future information and, if your loved one is in one of those facilities, you are lucky. But, for the rest of us we must remind our loved ones, if they become very ill or are hospitalized, to immediately request a medical information release form to sign so we can find out what is going on and, hopefully, keep current during, at least, that period or episode of illness.

Another thing I was told, which doesn’t surprise me, is that the MDOC does not have to abide by HIPAA.
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Old 09-12-2006, 11:21 AM
HOPE4FUTURE HOPE4FUTURE is offline
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They've sure got it all figured out, don't they?
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Old 09-12-2006, 12:04 PM
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Interesting... The release form that my guy filled out and had notarized appears as if it is only good at the facility that he is currently at because it says "Information released from..." There is a spot for beginning date which he put in and a spot for ending date which he typed "To present, May 18, 2006 and any future dates regarding treatment." To me that is pretty specific. I haven't had to push the issue but it was signed and notarized with the release stating that. The release does state near the bottom that;
"No information collected beyond this date will be released unless it pertains to this request. This request will automatically expire after six months from the date of signature."

I don't know if Lansing was correct in saying that they don't have to comply with HIPAA. The bottom of this release indicates that;

"confidentiality is protected by Federal and State Law." (I do believe that HIPPA is a law unless there is something waiving MDOC from following it.) "Federal Regulations (42 CFR Part 2) prohibit you from making any further discolsure of this information except with the specific written consent of the person to whom it pertains. A general authorization for the release of medical or other information if held by another party is not sufficient for this purpose (21 USC 1175; 42 USC 4582). Michigan Public Health Code (MCL 333.1101 et seq); Medical Records Access Act (MCL 333.26261 et seq)."

I guess it depends on what these say. I don't know them right off the top of my head but I could look them up. I guess its good information to know.
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Old 09-12-2006, 02:23 PM
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I know I've already been through this issue. When something does happen you are expected to have one for every single day. Almost made me want to bury them in 30 pieces of paper every month stating it was okay to give me information from that day back. Also if you do have one from a certain day on back and a month later need info that happened during that time period be prepared to send in a new one because they won't honor the old one.
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Old 09-12-2006, 04:08 PM
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LD posted:
Interesting... The release form that my guy filled out and had notarized appears as if it is only good at the facility that he is currently at because it says "Information released from..." There is a spot for beginning date which he put in and a spot for ending date which he typed "To present, May 18, 2006 and any future dates regarding treatment." To me that is pretty specific. I haven't had to push the issue but it was signed and notarized with the release stating that. The release does state near the bottom that;
"No information collected beyond this date will be released unless it pertains to this request. This request will automatically expire after six months from the date of signature."



LD - If you read the final caveat of what your form says carefully, despite what your guy typed in, you will note how limiting the language is. If my guy or your guy gets sick tomorrow, we are shit out of luck. I loved the suggestion from Lansing when I asked if a hospital would have a release form available. She said, tell your guy to ask the transporting CO's to take one with them for him to sign. If it were an emergency, would anybody think of this? As everybody I have talked to has said - the department of corrections in ANY state has totally different rules and regulations than the rest of the general population.

What's new? I just wanted to inform everybody what I found out.

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Old 09-14-2006, 04:50 PM
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I'm completely clueless to all this but I do understand what your saying as far as the Release Form only being good from the date signed to 30 days prior, so my question is what's the point of it if their not sick? Or is this just for if they are sick? Please excuse my ignorance on the matter but like I said I'm clueless. Should I have this form filled out from my brother (in case something happens)? Or would I only need this if something had already happened?
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Old 10-05-2006, 10:00 PM
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OK its so funny i ran across this because while i was waiting to visit tonight, a couple came in and was told the inmate was in the hospital and that they would receive info only if he had a release form on file

SO

i made sure i asked JW about this and let him know he would need one if anything happened to him .. NOW i read that its only good backwards?

Good Grief! I got something bass ackwards for the MDOC I'm tellin ya! (I mean that in the nicest possible way, of course)
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