"And do as adversaries do in law, Strive mightily but eat and drink as friends." -- Shakespeare's "The Taming of the Shrew"
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Medical records are considered highly confidential because of the very private, personal information they contain. That's why you can't call for a copy of your neighbor's latest lab report. However, you generally have the right to access your own medical information and to control who else can access it. With some exceptions, health care providers will release a copy of your records to others only with your written permission.
Health care providers have specific procedures for handling and releasing medical records because of the confidential information contained in the records and because of federal and state laws concerning HIV, mental health, and substance abuse information. If you want to have a copy of your records sent somewhere, or get a copy for yourself, call your health care provider and ask how to do it. You may be asked to fill out and sign a specific form. A fee may be charged for this service, but you should not be prevented from getting a copy of your records because of outstanding medical bills.
Generally, only a patient can authorize the release of his or her own medical records. However, there are some exceptions to the rule and generally the following can sign a release:
Under some circumstances, a minor and not the parent must sign the release. If you have questions about who can authorize release of your records, check with your health care provider.
Federal law specially protects substance abuse treatment records. Some state laws specially protect HIV/AIDS information and mental health records. These laws are meant to encourage people with these problems to get the medical treatment they need. In order to obtain a copy of the records or have them sent somewhere, you may need to sign a form that specifically mentions this specially protected information.
Although medical records are confidential, there are times when they can be released without a patient's consent. In special cases, records are released to:
Generally, strict rules apply to those who receive medical information. For example, they are often required to have procedures to protect the patient's confidentiality and prevent release of medical information and patient identity.