HIPAA Attestation Requirements
HIPAA Attestation Requirements
The industry is buzzing over the new HIPAA Attestation requirements! The requirements relate to the Requested Use or Disclosure of Protected Health Information (PHI) potentially associated with reproductive health care. LCS is working diligently to be ahead of this new requirement to hedge against facility rejections. We have found that most providers will not release records upon request unless the requesting attorney or party signs an Attestation Statement. LCS cannot sign on behalf of the requesting party or represent the person requesting the PHI. Here are a couple of options for signing the attestations and avoiding delays in the record retrieval process:
Option 1:
To streamline this process, LCS offers an e-signature option for the HIPAA Attestation form. By signing this form, firms grant LCS permission to apply the necessary job information (Name on Record, Facility Name, Date) to the form for all your current and future requests. You can access the e-signature form by clicking the link below:
HIPAA Attestation Letter – E-Sign Here
Once signed, we will complete the required details (Name on Record, Facility Name, Date) before submitting the requests to the respective facilities. The signed Attestation Statement will be used for:
- Existing requests that face rejections due to this requirement, and
- Future requests submitted by you.
If you prefer to discontinue using your signed form at any time, you may let us know.
Option 2:
For those who opt not to use the general e-signature form, please note:
- LCS will require a signed Attestation Statement for each request.
- You can provide a signed form when placing your order, or LCS will create one and email it to you for signature after placing the order.
- The completed and signed form must be returned to LCS before we can process your requests with the facilities.
For more information about the federal guidelines, please refer to the following links:
Don’t hesitate to get in touch with your Client Communication Representative if you have any questions or need assistance.
Common Questions
LCS has been receiving questions from clients, healthcare providers, and insurance companies regarding these new rules. Here are some common questions and how we are responding.
Are attestation forms only required for medical record requests?
No, many facilities/providers require them on all types of record requests, including employment records. For example, Walgreens will not process record requests without a signed attestation form from the requestor.
Are attestation forms only required when requesting records of a female?
No, facilities are requiring them for all genders.
Can you create your own attestation form or add language to your current paperwork?
No, we recommend using the Model Attestation form provided by HIPAA to avoid rejections.
Can attestation forms be e-signed?
HIPAA allows e-signatures, so most facilities will accept them; however, we expect some pushback similar to what we have seen with e-signed HIPAA authorization in the past.
