Medical Records

No, the doctor can't refuse to transfer records a second time. They may be allowed to charge a fee per page depending on your state laws.

Medical records need to be kept at least 7 years in their office and another 3 years (either at their office or in another location). A total of 11 years is the requirement throughout the nation.

If his death was ruled a homicide, I strongly suspect that the law enforcement agency that investigated his death would have a copy of them in their files. However, since this occurred 18 years ago, the problem you are going to encounter is - locating and retrieving these records - BOTH from the hospital and from the investigating agency. If your brother's homicide resulted in a prosecution, there also ought to be a court file associated with the case which might also have copies of the medical records. However, there are several things that might be working against you in this matter: (1) Your state's records retention laws (i.e.: how long the law requires that old records be kept on file or in storage), and (2) the ability to locate them (i.e.: the older they are, the longer they have had time to get lost). My suggestion would be that you retain an attorney to act for you in this matter, especially due to the possibility that, if they can be located, you may need court orders to access them.

Pricing of drugs has NOTHING to do with HIPAA

Actually patient-provider confidentiality is not breached if a medial assistant looks in a patients' chart. Medical assistant's are considered providers of healthcare also. It is reasonable to understand that the medical assistant and even the nurse will access your chart if their is a need to. Upon triage the medical assistant will triage and note their findings accordingly in your chart as required by law. The medical assistant may also need to access your chart for the purpose of obtaing an authorization for medication or even diagnostic procedures as ordered by a physician. It is required by law that you sign a "consent for treament" before medical services are provided. Contained within that consent it will clearly state "My doctor or designee". A medical assistant is a "designee" of the physician to perform these tasks. The Privacy Act of 1974 and the HIPAA Act of 1996 are the guidelines to live by in patient-provider confidentiality. Doctor-patient confidentiality means exactly that; anyone viewing the records besides the doctor or the patient without permission constitutes a breach. There are some exceptions but these tend to occur in a hospital setting, or a mental institution. Even then, other staff participating in treatment will typically keep their own records as necessary.

I think you would need papers reflecting that you have custody or guardianship--or permission from the mother to see the records.

it would be for 3 years

The legal term is called: "Subpoena Duces Tecum." It's an order requiring a person to bring to court any documents, records, or other evidence relevant to a controversy.

call the hospital or your local Circuit court if the medical records are just copies for Criminal proceedings.

I can't speak to OK specifically, but as to medical records - they are customarily always filed in the date/time order of the examination and/or procedure so that they form a running narrative of the patients condition and treatments.

Unti you die?

Yes.

However, the subpoena won't be honored unless it is properly issued and served, and the medical records are discoverable in pending litigation.

well that's bad for your learning and you will get detention for 5 days

Most states do not recognize privacy rights for an average 17 year-old or younger. There parents or legal guardians have the right to make medical decisions including accessing medical records. There are a few exceptions and this may vary between states. Emancipated teens are legal adults. Some medical visits regarding sexual health may be protected for teenagers.

by law local doctors only need to keep them up to 5 years and public hospitals need to keep them up to 7 years after discharging the patient.

what role does the health information management technician have in the judicial process

A medical record technician manages medical records. Most of their time is spent scanning, filing and organizing these records. They may have to help customers or answer the phone as well.

That isn't exactly the law at this point, and -- at least in America -- I am unaware of any law requiring this sort of documentation and reportage. I think what you may be saying is that, in the event of an improper disclosure, all people and organizations that improerly received the Protected Health Information (PHI) should be disclosed, upon request, to the patient, to the extent that they are known. Also, the Covered Entity (CE) is required to take all necessary steps to mitigate such a disclosure, and the first, most obvious step is notifying the patient. However, if you share PHI for purposes of medical necessity (and this can be simply a consult), you don't need permission, nor do you need to record it unless, for medical reasons, the result of the consultation needs to be added to the chart (although recording consultations is pretty common medical best practices). Likewise, limited disclosures (invovling the Minimum Necessary PHI) to other non-caregiving CE's need not be disclosed, as long as the reason for the disclosure is for Payment or Operations (of the CE). This means, the disclosure, to warrant this relief from informing the patient, needs to be to a CE or another company bound by a Business Associate's Agreement (which binds non-CE's to follow HIPAA, and is enforced at the civil level), and fall under the Payment or Operations headings. THis is a VERY brief explanation of HIPAA and disclosure, and is by itself NOT sufficient to protect a CE or a patient -- and is offered here only as a paritally informative description.

Mujhe bhi nahi mila. lullu!

No, paper backup of electronic records is not required in New York State.

Under HIPAA, acting as Covered Entity, the patient's doctor may only give patient records directly to the patient's attorney if the patient signs an Authorization, as defined under HIPAA and descrbed in the doctor's Notice of Privacy Practices (NPP), as required under HIPAA (barring other relationships between the patient and her attorney, eg. if the attorney is a family member and also a Personal Representive, etc.). If however you're saying the doctor gave the record to the doctor's attorney, yes -- that's legal, but with restrictions. The attorney needs to sign a Business Associate's Agreement as defined in HIPAA, basically binding the attorney to maintain the same level of protection of the patient's information that he doctor is bound to under HIPAA. Additionally, if the attorney enters the patient's record into evidence in a trial, a previous agreement with the court must be established, that would seal the patient's records upon completion of the trial, so they don't become public record. HIPAA makes no special provisions for HIV patients. However, State Law very frequently does. HIPAA also includes the proviso that, when State law exists pertaining to medical privacy, the "more strict" law will prevail. By "more strict", HIPAA refers to whichever law more defiitively protects the patient's privacy. As such, State law may exist that would prevent such an exchange of records without additional forms being required, due to the patient's HIV Status, that would in turn activate HIPAA's "more strict" proviso. Note that HIPAA treats Psychotherapy Notessomewhat differently. While other violations are not described under current HIPAA case law or codicil, the patient should note that, once Protected Health Information (PHI) is entered into the public record (eg. as it would in a trial), unless the court specifically rules to strike such material from the public record, that information may become public. This means that the patient's Attorney is prevented from revealing the information under Attorney/Client Privilege, the doctor may not reveal said information as prescribed under HIPAA, but anyone else with legal access to the court record may do so, unless provisions under State Law further protect this. Note that nothing in this description may be or is intended to be construed as legal advice.

Not unless they are accessed by legal means.

Very little of the health record privacy law (HIPAA) applies to employers, but this is in there: employers cannot compel you to reveal medical RECORDS except those needed to claim a medical-based benefit like FMLA, workers comp, or ADA accommodation.

The employer can compel you on pain of discharge to demand necessary records from your doctor, who cannpot refuse YOU. The employer cannot demand records from your doctor, but can hire a doctor to demand the records and review them.