Yes, but only limited information which is absolutely necessary and in under specific circumstances. One instance is if the person/spouse has a communicable disease, another is when the spouse is unable for whatever reason to communicate with medical care providers. If the wife is legally competant, she is entitled to forbid all access to her own PHI to her husband, which she should do specifically. In the case where the wife is not legally competant (which surely doesn't seem likely if she wrote this question), the decision to access her PHI will be controlled and decided by: * Existing proof of a Personal Representitve as defined in HIPAA Privacy Rule section 164.502(g)(2). This is someone the wife chooses or is assigned by the court. * Anyone designated in a Power Of Attorney, Living Will or similar document, wherein the wife specifically allows communication. * Anyone the court designates as Personal Representitive (Ibid). And that's about it. Even in the event of a communicable disease, it is not at all clear that the husband is entitled to break the PHI seal. HIPAA itself is not clear on this point, and no case law exists yet, so the first time this comes to court, it'll be ... interesting. The one exception that comes to mind is, if the husband is the primary on her insurance, he can be presented with a listing of services the Insurance COmpany paid for. However, as the Payer is only entitled to "Minimum Necessary" PHI and is required to pass on only "minimum necessary", they can't really say too much about what happened, and they cannot specifically declare a diagnosis. This can potentially be broken by a Grand Jury subpeona, or by a Court Order, but to my knowledge, no-one's even tried to do this, as the release of PHI is highly unlikely. In summary -- not likely at ALL.
The Privacy Rule controls the access a patient has to her own medical records.
HIPAA has nothing to do with how long you have to keep medical records.
Please see the link below
HIPAA allows patient access to their own medical record, with very few exceptions. Failure to pay the bill is NOT one of those exceptions.Added: HIPAA restricts and prevents the dissemination of your medical records without your knowledge and approval. There is no provision within it which allows a medical provider to hold your records "hostage" until you pay their bill.
Not unless they are accessed by legal means.
In the USA, medical records are widely recognized as the property of the healthcare provider that created them. US law (HIPAA) grants individuals the right to access and obtain a copy of their medical records, and to challenge inaccuracies.
should not affect access by patient- in fact, it tends to confirm for providers that patients records ARE theirs for review
Does HIPAAaffect the patients access to his or her medical records? To me, this is a yes and no answer. Would anyone care to answer? Thank you!
The HIPAA privacy rule governs who has access to an individual's medical records. It recognizes that everyone's medical information should be private and prevents certain information from being shared without the patient's permission.
HIPAA requires that medical records be retained for 6 years from the date of creation or the last date the record was in effect.
The person authorizing the release of medical records gets to determine the length of time an particular individual or entity has access to the medical records. They can also specify that they can only access certain aspects of the medical record, ie: a certain ER visit, or a certain surgery.For more information visit: www.hhs.gov/ocr/hipaa/
The patient always has a right to their medical records. It clearly states in the policy that your records are available to you upon request, although you may have to pay a small per-page fee for copying of the records. HIPAA was designed to make it easier for patients to access medical records while maintaining privacy. It limits who the records can be released to without written consent from the patient or otherwise required by law. To get a copy of your records you should be able to request them in writing or most facilities have a form called "authorization to release medical records." For more information HHS.gov and go into the Regulations tab.
At your husband's discretion, you may be allowed to view his medical records, except for psychotherapy notes, which usually he is not entitled to see either. If your husband is alive and responsible for himself, he has the right to allow you access, or to bar your access to these records. If you need his records, you may try petitioning a court for a subpoena or court order requiring the CE (Covered Entity) to reveal these records. Note that the CE can attempt to fight this order, and often has the backing of law and precedent, so it's not a slam dunk. If your husband is deceased, you can petition the court to allow you access to said records, assuming your husband has not already made such provision. If your husband is legally incompetent, and you have been declared Personal Representative of your husband, as described under HIPAA, Privacy Rule, 160.52.g.1, you "stand in the patients shoes" and have all right of access your husband had. So the answer to your question depends on your husband's condition, your relationship to him, and your reasons for wanting to see the records.
HIPAA applies to electronic medical records as much as it does to paper records. The patient still needs to sign a release for information to be transferred to other providers.
I think the immediate family husband wife children not nobody that's not in the family because its confidential recordsAnother 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.
All medical records are treated the same under HIPAA, without regard to the form the record is kept in: Paper, Electronic, Mixed Media, X-Rays, etc. HIPAA applies to electronic medical records as much as it does to paper records. The patient still needs to sign a release for information to be transferred to other providers.
Yes, as long as the release of these records conforms with HIPAA regarding acceptable disclosures. One in the medical chart, they are part of the medical chart.
HIPAA is based on the concept that your medical condition is a private matter and that your medical records should be protected from people without specific authorization.
Yes, even the patient must sign a release to obtain their own records.Another answer, and a little more info:Among lots of other things, HIPAA assures the patient's access to their own records, and the right to request changes in the records to correct mistakes. These rights were not ensured before HIPAA and in fact some areas limited patient access to their own records. But no more. The Provider (the one who offers care) does NOT need to require a "release" from the patient, and can in fact turn over medical records to the patient upon verbal request. But the Provider has the right to optionally ask for a written request for medical records -- it's up to them.Psychotherapy notes are the exception. They may or may not be given to the patient, depending on whether the therapist feels thaty releasing the information therein would be detrimental to the patient's health.
protect individuals medical records and other personal health information
Melanie D. Bragg has written: 'HIPAA for the general practitioner' 'HIPAA for the general practitioner' -- subject(s): Medical records, States, Law and legislation, United States, Access control
NO, it does not affect the patient's right to access their OWN medical records. It prevents OTHER person's unauthorized access (in many cases, even one's spouse) and protects the medical confidentiality of the individual from having their information disseminated by ANYONE having access to them.Correction:While HIPAA does try to ensure the privacy of healthcare records, it also ensures the patients' right to review their own record, and additionally provides a process by which the patient can correct the existing record, among quite a few other things.
Not legally. HIPAA required doctors and insurers to protect your records against abuse. Your current employer can compel you to provide them, but cannot get them diretly from your doctor.
Only A and B