I was wondering if I have a valid complaint with a hospital over a release of medical records. I believe that the released too much. My physicians are all based out of a hospital. I have a PCP, a dermatologist, and OB/GYN, and a neurologist. I injured my knee at work and filed a worker’s compensation claim. I had some tests done and saw an orthopedist under worker’s compensation, of course all at the same hospital. I live in a rural area, so I don’t have much choice.
I just found out that the insurance company that authorized the treatment for my knee got all of my past medical history from the hospital when they requested the results of my knee cat scan and orthopedist consult. This includes information about pap smears, epilepsy, etc. Was the hospital justified in releasing all of that? When I signed a release form for the insurance company, I wrote in that they could only get records from claim related activity. Thanks,
Maria
===========
ANSWER:
I can’t provide legal advice, I can tell you generally that privacy of medical records is typically protected by a number of laws, including the Health Insurance Portability and Accountability Act (HIPAA) in the United States. These laws typically require the patient’s explicit permission for the release of medical records.
If you specifically limited the scope of the release form and the hospital still released all your medical records, you might have a valid complaint. This could potentially be a violation of your privacy rights.
You should consult with a legal professional or reach out to the hospital’s patient advocate or privacy officer to discuss your concerns. They can provide guidance based on the specific laws in your area and the policies of the hospital.
It’s also worth noting that worker’s compensation cases can sometimes involve a broader release of medical information, but that generally still requires your consent, and is subject to limits. It may be beneficial to consult with a lawyer who specializes in worker’s compensation cases as they can provide more specific advice.
Thanks for reaching out.
Richard Lee Garcia, RN