![[dr. bob]](/dr-bob-sm.gif)
Dr. Bob is Robert Hsiung, MD,
bob@dr-bob.orgShown: posts 1 to 17 of 17. This is the beginning of the thread.
Posted by agencypanic on January 28, 2003, at 15:44:20
Can anyone tell me what procedures an individual or government entity
would have to go through to gain access to my medical records?
Posted by Ted on January 28, 2003, at 16:39:58
In reply to Medical records privacy, posted by agencypanic on January 28, 2003, at 15:44:20
> Can anyone tell me what procedures an individual or government entity
> would have to go through to gain access to my medical records?Security Clearance, Military service, probably police service are a few. Probable additionals include committment to a state mental hospital, nursing home, and prison as well.
Ted
Posted by mikhail99 on January 28, 2003, at 17:28:53
In reply to Medical records privacy, posted by agencypanic on January 28, 2003, at 15:44:20
> Can anyone tell me what procedures an individual or government entity
> would have to go through to gain access to my medical records?Or did you mean what would an entity have to do to be allowed to view your records? Are you in the U.S.? If so, you'd have to sign a release form (for your doctor) that allows him/her to release your records to the requesting agency. I think you also have to give that specific agency or person permission. I could be wrong about that, any legal folks out there???
Posted by agencypanic on January 28, 2003, at 17:36:04
In reply to Re: Medical records privacy, posted by mikhail99 on January 28, 2003, at 17:28:53
> > Can anyone tell me what procedures an individual or government entity
> > would have to go through to gain access to my medical records?
>
> Or did you mean what would an entity have to do to be allowed to view your records? Are you in the U.S.? If so, you'd have to sign a release form (for your doctor) that allows him/her to release your records to the requesting agency. I think you also have to give that specific agency or person permission. I could be wrong about that, any legal folks out there???Yes this is what I meant. Yes, I'm in the US. So, if I understand you, for agency x to see my medical records, they contact my physician who then has me sign a release? And possibly the agency itself needs such permission from me as well? Okay, thank you.
Posted by judy1 on January 28, 2003, at 17:56:49
In reply to Re: Medical records privacy, posted by agencypanic on January 28, 2003, at 17:36:04
Yes, you will have to sign a release- often a condition of getting a lot of jobs. take care, judy
Posted by Greg on January 28, 2003, at 18:05:35
In reply to Medical records privacy, posted by agencypanic on January 28, 2003, at 15:44:20
> Can anyone tell me what procedures an individual or government entity
> would have to go through to gain access to my medical records?I'm not 100% sure, but I think that for any individual or government body to gain access to your medical records *without your authorized signature*, they would have to have a court order. For an individual, such in the case of a child custody battle, a lawyer could petition the court for your records in the hopes of showing you to be an unfit parent. Or if on the job you exhibited unusual behavior that caused injury to you or to another employee, your employer might petition the court for your records to see if you had a history mental instability.
With government agencies it really is a different ballgame although they'll tell you it isn't. The government can get a warrant to get any type of record at the drop of a hat, often without due cause. The more powerful ones like the FBI, the IRS, etc., can walk into a doctors office demand a patient's record, and scare the poor person behind the desk into giving it to them. Is it legal? No. Is it real life? Absolutely.
The grey area here is would an illegally obtained medical record hold up in a court of law? I would hope not. Bottom line is that your medical records are not public domain.
I hope this helps.
Greg
Posted by stjames on January 28, 2003, at 19:51:08
In reply to Medical records privacy, posted by agencypanic on January 28, 2003, at 15:44:20
If you are a part of an HMO, your records are shared
Generally you have already signed a release as part of being in a HMO.
Posted by mikhail99 on January 28, 2003, at 21:25:02
In reply to Re: Medical records privacy, posted by stjames on January 28, 2003, at 19:51:08
> If you are a part of an HMO, your records are shared
> Generally you have already signed a release as part of being in a HMO.I belong to an HMO and I haven't signed a blanket release on behalf of the HMO. I have signed them at individual doctor's offices and that has been my decision, not their requirement.
Posted by Dinah on January 28, 2003, at 21:28:33
In reply to Re: Medical records privacy, posted by mikhail99 on January 28, 2003, at 21:25:02
Did you sign the release at your pdoc's office?
I always worry about that. Although my office has my diagnosis and everything because of med reimbursement plan. So what is there left to worry about...
Posted by noa on January 28, 2003, at 22:43:22
In reply to Re: Medical records privacy » mikhail99, posted by Dinah on January 28, 2003, at 21:28:33
I would get both the HMO's and the doctor's privacy policies. While a release may need to be signed, you want to know what safeguards they have in force to make sure that the rules are followed. Also, sometimes, you sign a release for something, say insurance applications, and don't realize the scope of the release. It is always ok to ask them to explain fully what the release is releasing, before you sign.
If you apply for a job and sign a release, or apply for insurance and sign a release, they can get info from the insurance institute, which collects info from other insurance companies as well as from doctors and you can be denied insurance because of the info that comes through the insurance institute, and never know why you were declined. There was a famous case a while back where a man died of AIDS that he did not know he had, but the insurance institute had info on him, based on something like a pre-employment blood test, that he had AIDS. Not only did he and his wife not find out why they were denied insurance, but they never received what could have been life saving information.
In contrast, there are laws in place to protect consumers if denied credit or insurance, etc. on the basis of something in their credit report (if denied, you are entitled to a free copy of the report that the denial was based on and a statement of the type of problem that deemed you a bad credit risk).
Posted by judy1 on January 29, 2003, at 0:18:50
In reply to Re: Medical records privacy, posted by noa on January 28, 2003, at 22:43:22
While my records may be shared between my family dr. and a specialist at the same medical facility, if I change my primary dr. under my HMO to a different facility then I have to sign a release for my records. My psych records are not part of my physical records, although to continue to see my therapist I have to fill out a monthly form for the HMO- almost like a SCID type of document. I have had a discussion with my shrink pertaining to litigation, and he swore to me that my records would never leave his office even if he was served (bless him for that- I guess he would make up some kind of form). But I pay him out of pocket for those types of reasons. I know that insurance cos. do keep profiles on high risk clients and share that type of info (like HIV +) so they can decline coverage. That's a pretty hot topic right now. take care, judy
Posted by agencypanic on January 29, 2003, at 11:13:05
In reply to Re: Medical records privacy, posted by Greg on January 28, 2003, at 18:05:35
> With government agencies it really is a different ballgame although they'll tell you it isn't. The government can get a warrant to get any type of record at the drop of a hat, often without due cause. The more powerful ones like the FBI, the IRS, etc., can walk into a doctors office demand a patient's record, and scare the poor person behind the desk into giving it to them. Is it legal? No. Is it real life? Absolutely.
>
> GregThanks Greg, this is the type of scenario that I had in mind and figured pretty much the same thing as you say.
Thanks to all who have replied.
Posted by shar on January 29, 2003, at 11:49:40
In reply to Re: Medical records privacy » agencypanic, posted by judy1 on January 28, 2003, at 17:56:49
And, in my experience, a condition for getting treatment from the doctor. Supposedly so he or she can release records to insurance companies without having to contact me each time.
> Yes, you will have to sign a release- often a condition of getting a lot of jobs. take care, judy
Posted by shar on January 29, 2003, at 12:01:03
In reply to Re: Medical records privacy, posted by agencypanic on January 29, 2003, at 11:13:05
I also wonder if a person could just call a doc and say I'm xyz from abc insurance company, and I need you to fax me this info on Shar. I bet it would be as easy as that in many cases.
And, what Noa was talking about, I heard about that a few years ago and mentioned it to my doc and she 'had never heard of such a thing.' So, I figured she was either not very up-to-date on her news, or not wanting to talk about it. I believe insurance bureaus are a huge threat to individual privacy.
Back in olden days, credit bureaus could just about do or say anything, without input about accuracy from the individual about whom they did or said it. Nowadays, I believe it's better due to regulation and legal requirements. I hope insurance bureaus will have to meet equivalent requirements. Right now I think they are loose cannons.
Shar
Posted by stjames on January 29, 2003, at 13:32:33
In reply to Medical records privacy, posted by agencypanic on January 28, 2003, at 15:44:20
I guess few read this HMO policy. The HMO can share you file with the HMO network:
Access to Your Medical RecordsUnlike your credit report, you cannot assume that your medical records are yours and that you will be automatically granted access to your files. Health care professionals and institutions are supposed to allow patients to review their own records for a minimal processing fee. But that is up to the discretion of the care provider. If it is believed the information contained in the files will be detrimental to you (especially if you are a mental health patient), the records will only be released to your physician.
Aside from personal health professionals and hospital facilities, these entities may be keeping, accessing and sharing your "classified" medical files:
Employers -- Bound by a federal law known as the Americans with Disabilities Act (ADA), employers cannot ask applicants to divulge medical information or require them to take medical exams prior to offering employment. However, employers who provide medical insurance for their employees can ask insurance companies for copies of their employees' medical records. Many large corporations are also self-insured, which means they maintain their own databases of employee medical records.
Government agencies -- When you file claims for Medicare, MediCal, Worker Compensation, or Social Security Disability, the respective government entities involved will require copies of your medical records for review.
Health and life insurance companies -- They require that you release your medical records for them to process your policy application or adjustment.
HMOs -- Third party health maintenance organizations, which offer lower out-of-pocket health care costs, are composed of networks of health professionals and hospitals that must share your medical records to optimize service.
Law enforcement agencies -- In their efforts to search for clues, investigate fraud or solve crime, the police and other law enforcement authorities can gain access to databases of medical records. If a medical record becomes essential in a court case, relevant portions of the file may be subpoenaed for presentation.
The Medical Information Bureau -- This huge database of medical files is shared by more than 750 insurance companies. When an insurance company gathers medical information about you, and each time you file for a claim, chances are the information reaches the MIB and becomes accessible to all the member companies.
I guess few actually read their HMO policy.
You HMO CAN shard your file with other HMO network members:
Pharmaceutical companies -- Through casual data gathering methods like informal surveys or marketing gimmicks that encourage disclosure of otherwise private medical information, these drug manufacturers build and maintain files of individuals who may be potential customers. Sometimes the information comes from health care providers that rent, share or sell patient profiles
Posted by mikhail99 on January 29, 2003, at 13:58:25
In reply to Re: Medical records privacy » mikhail99, posted by Dinah on January 28, 2003, at 21:28:33
> Did you sign the release at your pdoc's office?
>
> I always worry about that. Although my office has my diagnosis and everything because of med reimbursement plan. So what is there left to worry about...
I think so...it's been such a long time. My memory is shot! oy.
Posted by noa on January 29, 2003, at 20:03:19
In reply to Re: Medical records privacy, posted by Greg on January 28, 2003, at 18:05:35
Well, and in the US, this may be even more so now with the new antiterrorism regulations, where it is easier to get a warrant if they can reasonably claim that the subject is potentially able to provide information pertinent to the antiterrorism efforts. Last year I heard Helen Thomas speak and she expressed strong opinions about how the antiterrorism activities are going to really trample on people's privacy rights.
This is the end of the thread.
Psycho-Babble Social | Extras | FAQ
Dr. Bob is Robert Hsiung, MD,
bob@dr-bob.org
Script revised: February 4, 2008
URL: http://www.dr-bob.org/cgi-bin/pb/mget.pl
Copyright 2006-17 Robert Hsiung.
Owned and operated by Dr. Bob LLC and not the University of Chicago.