Skip to content

You are here:Home arrow Flores Law News arrow Medical Records: Access and Privacy
Medical Records: Access and Privacy PDF Print
At one time or another you may need to obtain your medical records. There might be several reasons why you would want to see and obtain copies of your medical records, the information kept by your doctor and hospital concerning all your conditions, and diagnoses and treatments: 1. You may be moving out of town or out of state or you may just want to better understand your treatment 2. You may want to double﷓check the accuracy of the records themselves 3.Verify what you've been charged or particularly if you've been turned down for coverage by an insurance company because of information included in your records.

Be prepared to make your request for your records in writing and even to pay for the cost of photocopying. A doctors office or hospital has the write to charge you reasonable fees for copying your records and usually asks for a medical authorization signed by you or your personal representative.

Although your medical records concern your medical history, it is not always easy to get access to them. Despite the fact that the information is about you and the file it is recorded in is in the possession of your health care providers, often they are reluctant to give such technical information to you because of inconvenience, cost or fear of misinterpretation. This is true even though about half the states have laws explicitly grant patients or their attorneys the right to see their records in some form, whether the original, a copy or a summary of treatment.

Even in the remaining states, lacking laws to the contrary, access to your own medical records is considered an implied right, and if you pursued it, a court would be likely to take your side. The exception would be if a doctor could prove that gaining access would harm you. Texas law does allow you to view, inspect and obtain your medical records under most circumstances.

Who Else Can Know?

Who else can have access to your medical records? Doctor﷓patient confidentiality is protected ethically by the Hippocratic oath, a professionally powerful but not legally binding oath that all doctors take when they enter the profession, and legally by state privacy laws. In other words, conversations between you and your doctor are almost always strictly private. Although health care providers generally cannot discuss your medical condition with your family without your approval, they can share medical information with other doctors, nurses and health care workers with whom they need to confer or who are directly involved in your case. The Health Insurance and Portability and Accountability Act (HIPPAA) of 1996 provides that your right to privacy is insured regarding your medical data and must be respected.


What doctors must report

In all states a doctor has a legal obligation to report to the public health department any births and deaths, gunshot wounds, instances of child abuse and certain contagious diseases such as sexually transmitted diseases, including AIDS.

There is a lack of consensus among the states on whether positive HIV status﷓﷓meaning someone has been infected by the human immunodeficiency virus but hasn't yet developed acquired immune deficiency syndrome (AIDS)﷓﷓must also be reported. States differ on the specifics of reporting; for example, the law may require people who test positive to be reported by name, it may allow anonymity in some cases, or it may require reporting only in special cases, such as pediatric HIV. To learn what Texas requires, call your local public health department or the HIV prevention coordinator in your state capitol. For other information, call the National AIDS Hotline at 800﷓342﷓AIDS.

Similarly, if your psychiatrist thinks you pose a danger to someone other than yourself, he or she is obligated to take action to have that person notified of the possible danger. This may involve revealing your condition or records to appropriate authorities. Case law has supported the need for healthcare providers to report someone who may be a danger to the themselves or others.

The need to know

There are other ways other people can get access to your medical records:

When you apply for health insurance or make a claim on an existing policy, you usually must sign a consent form (generally part of the claim form) giving the insurance company and the Medical Information Bureau access to your medical records. In the event that you sue your doctor or the healthcare institution for malpractice, your medical records may be used as evidence.

Conclusion

The right to obtain your medical records is not absolute and certain procedures must be followed. Only under very few circumstances should your right to obtain the records be impeded. In the event that you encounter difficulty with obtaining your records you should attempt to comply with all measures within the institution or doctors office for obtaining those records. Only after exhausting your attempts at obtaining the records should you consult an attorney.
 
< Prev   Next >
[ Back ]
test