Patient Records

The University of Utah's ("University") patient records are covered by health care provider privilege. Release of these, and subscriber records are governed by "HIPAA," the Health Insurance Portability and Accountability Act, Standards for Privacy of Individually Identifiable Health Information, 45 CFR Parts 160 and 164, et. seq., and may be covered by federal law providing confidentiality for substance abuse treatment records, 42 U.S.C. section 290dd-2 and the implementing regulation 42 CFR Part 2.*

The University may only release records if you provide one of the following:

1	Patient Release and Authorization A notarized authorization, signed by the subject of the records, which identifies the specific records we are authorized to release to you. A valid release and authorization is available below. If the patient appears in person and presents identification, no notary is required. University Patient Release and Authorization Division of Child and Family Services Release and Authorization (Note: Notarization not required if presented by a DCFS case worker.) Law Enforcement Release and Authorization (Note: Notarization not required if presented by a law enforcement officer.) This is most efficient way to obtain records.
2	Psychotherapy Notes A separate, specific authorization is required for the disclosure of psychotherapy notes. These must be always be notarized. The University Psychotherapy authorization form can be found here.
3	Utah Rule Criminal Procedure 14 A prosecuting attorney may submit a subpoena under Utah Rule Criminal Procedure (URCP) 14 for a case that has been filed. If the records being requested are those of a victim(s) who are not also the defendant(s), one of the other process listed in this document must be followed. To expedite the processing of these subpoenas, please make sure to indicate that it is being submited under URCP 14 and that a case has been filed.
4	Court Order An order of a court or administrative tribunal with jurisdiction to order records from the University, which identifies the specific records the University is required to release to you and imposes appropriate safeguards against unauthorized disclosure.
5	Proof of Child Abuse/Neglect Investigation* If your request is pursuant to Utah Code §62A-4a-406(3), APPEAR PERSONALLY and present your identification, or complete and notarize the "Child Abuse/Neglect Investigation Affidavit" available by clicking here.
6	Valid Subpoena AND Protective Order* A valid subpoena from a court of competent jurisdiction in Utah accompanied by a completed, notarized affidavit in the form available by clicking here, and a copy of the Protective Order in the form specified in the affidavit.
7	Valid Subpoena AND Proof of Patient Notice and Time for Response* A valid subpoena from a court of competent jurisdiction in Utah accompanied by a completed, notarized affidavit in the form available by clicking here, and a copy of the Notice in the form specified in the affidavit.

* Note: Federal law prohibits the University from releasing substance abuse treatment records without a patient authorization directing us to release such records, or a specific court order. Without an authorization or a court order, the University cannot even disclose whether such records exist. See 42 CFR Part 2.

If you have questions, please contact us at (801) 587-9241. Many of these forms can be opened, filled in, and printed on-line.