List enclosures for a capacity referral to a clinician
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the documents the lawyer marks to enclose, and the question the lawyer has written for the clinician. Do not write the referral and do not state a capacity conclusion.
- What the lawyer must review
- You write the referral. No capacity test was opened. 45 CFR § 164.502 limits use and disclosure of protected health information by a covered entity or a business associate. You decide whether sending the enclosures is permitted. Model Rule 1.4(b) governs what you tell the client about the referral. Formal Opinion 512 applies if the records are put into a tool to make the list. The list is not a medical opinion.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Check the specialist’s assumptions, qualifications and limits. Obtain the relevant expert or specialist review before relying on a technical conclusion.
- Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.