The new HIPPA rules were brought in with all types of hulla ballou about all of the lawsuits and problems that they would bring. Basically, the idea was that the medical providers couldn’t just share your personal information any way they choose. I am often struck with how often the disclosures are really common sense. Also how the violations are often simply wrong things that a third grader would find issues with.
Unfortunately, whether it’s bad advice, attempts to hide the truth, or just simple laziness, some providers are incorrectly citing the law to stop patients from getting their own records. Under federal law or HIPAA (Health Insurance Portability and Accountability Act) consumers have the right to access records documenting their health conditions, diagnoses and treatments.
The law, often control by state statute, provided for set fees for locating, photocopying, and for making records available. HIPPA also requires providers to give patients the information they ask for in the format they request. Nowhere in the law is the shield that some providers attempt to create.
There are specific requirements for release to third parties. At our firm, we have about 20 different forms that we use, which vary by the provider. There are limited forms that we provide for the defense, that never allow them to talk to the doctors. It’s one of the many areas where unrepresented individuals are taken advantage of. Unfettered access to medical providers has ruined many legitimate cases. Remember , often the provider is looking to get paid and the insurance companies are working to reduce their exposure.
A founding partner with Bradshaw & Bryant, Mike Bryant has always fought to find justice for his clients—knowing that legal troubles, both personal injury and criminal, can be devastating for a family. Voted a Top 40 Personal Injury "Super Lawyer" multiple years, Mr. Bryant has also been voted one of the Top 100 Minnesota "Super Lawyers" four times.
2 Comments
Daniel 8791
So are some of the medical providers in bed with various types of insurers or just out to make a buck ? It's a combination of both, right ? I cannot even fathom that my (or anybodys) medical provider would or could keep my records from me under ANY circumstances. Doesn't that put them behind a legal 8-ball ?..... If the providers wanted to 'share my information' for whatever data profit stream they have or medical research data, OK fine. But if that we're to affect me negatively in any personal or legal way, then I can cook the violator, correct?
Mike Bryant
It's really kind of a mess right now. They always have to give them up at the end. We don't see as much of a problem, but that's why we use so many different medical releases.
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