If the attorney is providing an authorization, the minimum necessary rule
does not apply.  If the attorney is a business associate of the CE, then no
authorization is required because legal services are health care operations.
In addition, the CE may rely upon their own professional's representation
that the entire medical record is necessary to carry out their duties as
being the minimum necessary.

Jud

Gerald "Jud" E. DeLoss, Esq. 
Barnwell Whaley Patterson & Helms, LLC 
885 Island Park Drive
Post Office Drawer H (29402)
Charleston, SC 29492 
Telephone (843) 577-7700 
Direct (843) 329-5313
Facsimile (843) 577-7708
[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]>  

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-----Original Message-----
From: Thomas Johnson [mailto:[EMAIL PROTECTED]
Sent: Monday, March 17, 2003 2:23 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Attorney Authorization


Wondering how Ce's will be treating a general authorization by attorneys to
release medical information and/or records, especially if some info not
pertinent/exceeded minimum necessary standard pertaining to the matter that
the attorney is representing the insured for? 

Thomas L. Johnson
Vice President, External Affairs and Compliance
D.C. Chartered Health Plan
820 First Street, N.E. Suite LL100
Washington, DC 20002
(p) 202-408-2034
(f) 202-408-0838 



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on this listserv therefore represent the views of the individual participants, and do 
not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If 
you wish to receive an official opinion, post your question to the WEDI SNIP Issues 
Database at http://snip.wedi.org/tracking/.   These listservs should not be used for 
commercial marketing purposes or discussion of specific vendor products and services.  
They also are not intended to be used as a forum for personal disagreements or 
unprofessional communication at any time.

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