Talk Cancer » Cancer Hospital » Right to medical information?
Right to medical information?
Question:
In our state, I was entitled to all of my daughter’s medical records, simply by saying, it was an ongoing case..as in, she was being treated for cancer..and I needed copies, for the other doctors to look at. The local hospital did not tell me this however..a friend did. It is not information they like to disclose, or at least the didn’t seem to. I bet a lawyer would tell you what r ights you have right over the phone…good luck. Blessings Robin…mom to hannah,aka "wild thing".1/17/98 – 9/1/00 wife to E….the other love of my life.
Response:
What kind of rights do patients in the US have with respect to accessing their medical information. Are hospitals obligated to disclose (provide copies of) the content of their medical files? Is there a specific federal law that requires this? How a request for files should be done? Thanks all…
Response:
What kind of rights do patients in the US have with respect to accessing their medical information. Are hospitals obligated to disclose (provide copies of) the content of their medical files? Is there a specific federal law that requires this? How a request for files should be done?
Jim – There is no comprehensive Federal law covering release of medical information to patients. In all states medical records are the property of the healthcare provider, not the patient. 28 states give patients the right to view and copy their own medical records. The healthcare provider may charge the patient reasonable fees for duplicating the records and may not withhold copies of medical records because of an unpaid bill. Under the terms of the 1996 Health Insurance Portability and Accountability Act (HIPAA), Congress had until August 21, 1999 to pass legislation to ensure the privacy of personal medical information. If no legislation is enacted as of that date, the Department of Health and Human Services would be required to publish its own rules. The Medical Information Privacy and Security Act of 1999 (S573) is where I’d start – the bill was introduced by Sen. Patrick Leahy and Ted Kennedy and its companion bill was introduced in the House by Rep. Edward J. Markey (Mar 10, 1999). The bill gives patients the right to access and amend their medical information. According to the Library of Congress MIPSA has not been enacted yet. You can do the research yourself by heading out to http://thomas.loc.gov and plugging "S573" into their search engine. You’ll find complete text of the bill, cosponsors and a whole pile of other stuff. Another great place to look is the Department of Health and Human Services search engine – http://www.hhs.gov/search/ – you can plug HIPAA in there and find out what’s going on. State laws vary pretty widely – it might be a good idea to check local resources. Hope this helps – allan grossman http://www.cancersupporters.com take this, spambots! humans can reach me at wizard at cancersupporters dot com