The Family Justice Resource Center reports in its Summer 2022 Newsletter:
In a new Circuit Court ruling (Cook County IL), Prieto v. Rush University Medical Center, Judge James N. O'Hara ruled that parents have a right to obtain their child’s full EMR and that a hospital’s failure to release a full EMR, complete with the audit log and revision history, is a violation of the Supreme Court’s discovery rules, as well as federal information blocking regulations.
It addresses the issues that come up in child abuse cases when hospitals refuse to give parents access to their children's electronic medical record once the child protection team becomes involved or a report has been made to the government child protective services agency. The article says that under HIPAA and HITECH "Parents are entitled to their child’s EMR as long as parental rights have not been terminated." I believe the federal CURES Act highlights and broadens parents' rights to obtain and share their children's complete EMR.
Often the records that medical providers give to parents or their attorneys in response to release authorizations and to courts in response to subpoenas are incomplete and inaccurate, leaving out statements that do not support the allegations of abuse and entries that were subsequently edited out or amended.
Practice note: Attorneys for all parties in care and protection (dependency) cases need to seek the full EMR including audit trails.
