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In the United States (as of August 2009) there are privacy laws to protect medical records. However, in the event of a legal investigation, doctors and pharmacists must comply with law enforcement officials and release private information. The same law is being respected and followed by all medical transcriptionists and medical transcription companies when and as they work with different medical records and transcriptions.

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12y ago
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12y ago

Under HIPAA regulations, only you and your immediate caregivers, and they are bound by law not to disclose them to any unauthorized person. Exceptions: If you are a minor your parent/guardian has access. They can be disclosed to person specifically authorized by you. They can be released under court order.

You may also find some HIPAA certified EMR vendors like CureMD, Allscripts and eclinical works where you can get more detailed information about this regulations.

Correction:

In the US, under HIPAA, here's who can see your records -- roughly:

  1. You can, in full -- unless:
    • You can't see your Psychotherapy notes.
    • If you're in prison you cannot demand these records.
    • If showing you these records will put someone else in danger, that part of the record may be redacted.
    • If the Covered Entity (CE) is preparing litigation involving you, that part of your records can be witheld.
    • Records can be withheld in the interest of National Security (never been done yet, that I'm aware of).
    • Healthcare Providers can see all the records without restriction (unless YOU restrict it see below).
    • Payers (Insurance companies, etc.) can see your records, but only the Minimum Necessary to do their job.
    • Clearing Houses (companies that take data from the doctors and organize it in a way the Payers can work with) can see your records, but only the Minimum Necessary.
    • Medicare can, as a Payer for the most part.
  2. Other CE's can see your records in the course of providing you healthcare, and ONLY in that event.
  3. Business Associates (BA's) under a BA contract that binds them to HIPAA may see the minimum necessary. These are companies employed by CE's that are not themselves CE's.
  4. The Court or Grand Jury can subpoena your records.
  5. Law Enforcement may write an Administrative Letter that theoretically allows the CE to reveal your records to them. This does not require a warrant anymore; only "good faith" on the officer's part. I am not aware of this actually having been done.
  6. The Scty. of the Department of Health and Human Services (DHHS) may see your records as part of administering to HIPAA and related complaints under HIPAA.
  7. If you've voluntarily joined a research study, they can see the part of your records pertaining to the study -- and you can't.
  8. Anyone you specifically allow in writing may see your records (this is called an Authorization and is a bit tricky to write).
  9. Your Personal Representative (in the Medico/Psyche sense), if you have one, may see all your records and has all your rights too.
  10. Whoever has your POwer of Attorney, if anyone does, may see some of the records. Usually, the PoA is also Personal Representative, which clears the matter up.
  11. Your guardians, if you have any, may see your records in most States. Parts are redacted in some States that apply to pregnancy, AIDS, or anything wherein the information in the records may cause the patient harm.
  12. Law Enforcement may see your records (minimum necessary) as part of an investigation of a crime you are suspected of, in the event that the crime occurred in view of the CE.

Note this is is only a brief summary of who is allowed legally to view your records.

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12y ago

I think the immediate family husband wife children not nobody that's not in the family because its confidential records

Another VIew: Parents have the right to see the medical records of their minor children, but other than that, under HIPAA, even spouses do not have access to each others records UNLESS the patient specifically allows it - in writing. The patient may grant anyone access to their records that THEY, alone, authorize.

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Q: Who mostly have the legal right to view the medical record of a patient?
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What is a legal medical record?

Documentation of services provided by a health care provider to a patient


Are medical records a legal document?

No, not generally. Many medical records, and the notations made in medical files, are unsigned and un-witnessed. They may be introduced as EVIDENCE and used in a case but generally, in and of themselves, they are not considered "legal" documents.


What is the doctrine of proffessional discreation?

A physician may determine, based on his or her best judgment, if the patient with mental or emotional problems should view the medical record. Because the medical record is a written documentation of the contract established between the physician or healthcare provider and the patient, it must be retained for legal purposes.


Why should a recording in the medical record never be erased or abliterated?

The medical record is a legal document.


Who is the legal owner of the information in a patients medical record?

You may view any medical records pertaining to you. You may NOT alter them but you can "contest" information that is contained within them by entering into the medical file a written complaint or explanation.


Why is the physician the legal owner of the medical record?

The short answer is, they don't really. The physician owns the paper; the patient owns the data. It's a pretty murky area of law just now.


Which name do you use for a medical record legal name or the name on the insurance card?

Your legal name.


What is the legal health record?

The legal health record is a collection of documentation that serves as the official record of a patient's medical history and treatment received at a healthcare facility. It includes information such as medical diagnoses, treatment plans, progress notes, test results, and medication orders. The legal health record is used for continuity of care, billing, and legal purposes.


What are three functions of a medical record?

1. To document the results of treatment and the patient's progress. 2. Provides an efficient and effective method by which information can be communicated to authorized. 3. Serves as a legal document.


What actions should be taken if you identify an error in a patients medical record?

No deletions should be made, as the medical record is also a legal document. But an amending notation should be made and added to the medical record.


Can medical records from fifteen years ago be obtained?

typical hospital policy is to destroy medical records at 15 years, however, if they do have them, and you are the patient (or legal guardian of the patient) then yes, you can by contacting the hospital.


Is it legal to recreate a medical record document found missing in a patient chart when asked to do so by your administrator and nurse manager?

The answer is quite simple. No. It's considered fraud. Those that do can lose their license to practice, and/or go to jail. DO NOT DO IT.