questions & answers

Question: My ex husband is requesting copies of medical records through our PC. The PC stated that he will write a letter to the court requesting the information. Is this a HIPAA violation? Can I prevent my ex husband from receiving this confidential information? Are my rights not protected now that we are not married?

Answer:

What Rights does HIPAA Provide to protect Health Information?

Health Insurers and Providers who are covered entities must comply with a person’s right to:
   •Ask to see and get a copy of health records
   •Have corrections added to health information
   •Receive a notice that tells how your health information may be used and shared
   •Decide if permission is required before health information can be used or shared for certain purposes, such as for marketing
   •Get a report on when and why health information was shared for certain purposes
   •If you believe rights are being denied or health information isn’t being protected, you can
    o File a complaint with provider or health insurer
    o File a complaint with the U.S. Government
http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html

When Health Information will be shared

Under HIPAA, A health care provider can share information face-to-face, over the phone, or in writing. A health care provider or health plan may share relevant information if:
    •A patient gives provider or plan permission to share the information.
    •When a patient is present and does not object to sharing the information.
    •A patient is present, and the provider determines based on professional judgment that sharing the health information is in the best interest.
http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/sharing-family-friends.pdf

Sharing health information with friends and Family

A health care provider or health plan may share relevant information with family members or friends involved in a persons health care or payment for health care, if the provider or plan has permission, or if a person does not object to sharing the information.
 http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/familyfriends.html

A provider or plan may also share relevant information with these persons if, using its professional judgment, it believes that you do not object.
       •For example, if you send your friend to pick up your prescription for you, the pharmacist can assume that you do not object to their being given the medication. 
      •When you are not there or when you are injured and cannot give your permission, a provider may share information with these persons when it decides that doing so would be in your best interest.
http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/familyfriends.html

Control sharing of health information

By law, health information can be used and shared for specific reasons not directly related to care, such as like reporting as required by state or federal law. A person can find out who has their health information by:

Learning how your health information is used and shared by your doctor or health insurer.

   •Generally, your health information cannot be used for purposes not directly related to your care without your permission.

Letting providers or health insurance companies know if there is information you do not want to share.

   •You can ask that your health information not be shared with certain people, groups, or companies.
Asking to be reached somewhere other than home
   •A person can make reasonable requests to be contacted at different places or in a different way.
http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/consumer_rights.pdf

For more information on HIPAA refer to: http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html