You may remember in April of 2008, when former UCLA Medical Center employee Lawanda Jackson was indicted for allegedly gaining access to the confidential medical records of some celebrity patients including Maria Shriver and Farrah Fawsett and selling the information to the media.
There are strict regulations when it comes to medical privacy, which many reporters do their best to get around while others duke it out in court. In some cases, their efforts were successful in obtaining a ruling that required some individuals’ medical records to be made public.
Several people believe that the information related to their personal health is extremely sensitive and must be protected by the strongest laws. Laws in a number of states that are long-standing as well as “doctor-patient confidentiality” have been the stronghold of medical privacy protection for a great number of years.
Made effective in 2003, the Health Insurance Portability and Accountability Act, or HIPPAA, is responsible for setting the national standard when it comes to keeping medical information private. However, it is only applicable to the medical records that are managed by health clearinghouses, health care providers and health plans, and only if the health care facility transmits and maintains the medical records in an electronic form. There is a large number of medical related data that is managed outside the files of health plans and health care facilities, making it beyond the restrictions of the HIPAA.
The amount of protection that your medical information receives is determined by the location of the records as well as the reason for the compilation of information. The laws covering medical privacy vary from situation to situation. Confidentiality is often lost in exchange for an application for government benefits, an investigation into the safety and health of your work place, an employment opportunity or insurance coverage. In summary, the sense of security that you have regarding your medical privacy may be false.
What Is In My Records?
Any time you seek treatment from a medical professional like a doctor, nurse, psychiatrist, chiropractor or dentist, medical records are created. These records will include information about your personal medical history, your family medical history as well as your lifestyle details, such as sports involvement, smoking, etc.
Additionally, your personal medical records will also contain information about lab test results, operation results, prescribed medications and any other medical procedures that you may have had. Your medical records may also contain genetic testing results and information about any participation in research studies. Any information that you supply in order to obtain accidental or life insurance or disability is also included in your medical record.
What Is Not Protected?
You need to be aware that some things in your medical records are not protected by federal law including:
* Education records
* Employment records
* Financial records
Who Is Able To Access My Records?
The information contained within your medical records is accessible to a variety of people both health care related and not. Typically, you must give permission for someone to access your medical records. However, you may not always have a choice. A number of people are able to access your medical records such as:
* Insurance companies
* The Medical Information Bureau, or MIB
* Government agencies
* Employers
* Court case subpoena
* Other medical institutions such as individual doctors and hospitals
* Internet
* Direct marketers
Keep up with your medical history on your own and obtain copies of your medical history whenever possible, especially if your health care provider goes out of business.
Dena White is a blogger and enjoys writing about medical career topics, such as how to choose among radiology technician online schools, job and education tips, and more.