Just before nine o’clock in the morning on January 29th, 2013, I received an email from Jill F. Bechtold, Esq. of Mathis & Murphy, P.A. in response to our ongoing discussion regarding obtaining copies of my mother’s medical records from Woodland Terrace in Deland, Florida.
I received your paperwork and was able to get the name of the attorney for the facility. I have left a message with the attorney and will continue to follow-up. None of the paperwork is extremely helpful, but the Woodland Terrace release does reference PHI (private health information) which is expressly addressed in the HIPAA statute. Therefore, there is an argument that release is sufficient. However, it was signed by you and not your mother, so they may argue it’s still not valid.
I will let you know their position after I speak with them.
I replied to Jill about an hour later, at 9:49 AM, with:
Thanks so much for your response.
Please let me know if there is anything I can do or any more information I can provide.
I waited one week for a response, and then on February 5th, 2013 at 4:34 PM I sent Jill this note:
Have you had a chance to speak to anyone at Woodland Terrace since last week?
Is there anything — anything at all — that I can do to help?
Please let me know.
Jill responded just after nine o’clock the next morning, on February 6th:
I am in Miami on a case today but will be back in the office tomorrow and can check to see if the attorney called me back. I spoke with the attorney that Woodland referred me to, but he told me local counsel is now handling it and would call me. I can check in the morning but right now we have to sit tight. I still want to try maneuvering around the Letters of Administration by possibly seeing if the PHI release will work that you executed in Woodland. It would save time and money.
I will contact you regardless tomorrow and give you a better update. I am sorry I am out of town today and don’t know more.