Can a medical record be faxed to a patient without a release form?

I don't believe that HIPAA addresses this, but if the patient is having it faxed to themselves, what kind of "release form' are you referring to?

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HIPAA does in fact specifically allow FAX transmission of medical records under the "Exclusions". FAX is always allowed as a means of PHI transmission, although reasonable care at both transmitting and receiving ends is expected, in order to prevent disclosures.

The so-called "Release Form" is not specified or mentioned in HIPAA. It's an invention that's occurred after HIPAA implementation. A Covered Entity (CE) is not required to get ANY form from the patient in order to release to the patient their own records. More, they are expected to convey the records to the patient in a way that is workable for the patient -- so both FAX and surface mail are acceptable if they work for the patient. The CE, however, is allowed to optionally require the patient make a request for information in writing.

Since the implementation of HIPAA, many caregivers are requiring patients to sign "Release Forms" before they'll transfer health information to the patient or other members of the patient's heatlhcare team. These are purely custom, and not a part of HIPAA. From the patient's standpoint, these requirements are pretty harmless, however, and usually not worth the trouble to protest.

They do, however, cause some degree of confusion.