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.
