{"id":355844,"date":"2016-04-04T10:46:17","date_gmt":"2016-04-04T15:46:17","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/healthcare\/patient-rights\/what-can-i-do-after-an-improper-disclosure-of-medical-records.html"},"modified":"2023-07-26T13:41:26","modified_gmt":"2023-07-26T18:41:26","slug":"what-can-i-do-after-an-improper-disclosure-of-medical-records","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/healthcare\/patient-rights\/what-can-i-do-after-an-improper-disclosure-of-medical-records.html","title":{"rendered":"What Can I Do After an Improper Disclosure of Medical Records?"},"content":{"rendered":"\n
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What Can I Do After an Improper Disclosure of Medical Records?<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Protecting patients’ privacy rights is an essential aspect of public health. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects patient privacy. Under this federal law, patients have the right to their medical records. This includes the right to "inspect, review and receive a copy of their medical records."<\/p>\r\n

What is an improper disclosure of medical records?<\/p>\r\n

Here’s an example: a doctor faxes a patient’s HIV status to the patient’s employer. They should have faxed it to their new health care provider. Although this was not intentional, it is an improper disclosure of medical records. The provider sent the patient’s medical status to the wrong party. Improper disclosure includes unintentional acts, security breaches, and improper maintenance of patient records.<\/p>\r\n

Patients have remedies under federal law for improper disclosure of their medical records. Unfortunately, this does not include the patient’s right to sue for compensation. The following article explores improper disclosure of medical records and patient privacy rights. It also looks at medical records and exemptions of privacy rules. Finally, it includes a few remedies for improper disclosure of medical records.<\/p>\r\n

HIPAA and Medical Records<\/h2>\r\n

HIPAA is a federal law that establishes data privacy protections. It also provides security safeguards for a person’s identifiable health information. Health data includes more than a patient’s essential health information. It consists of a patient’s social security number or date of birth. This data\u2014protected health information\u2014is often part of a person’s medical records.<\/p>\r\n

HIPAA<\/h3>\r\n

HIPAA requires health care providers, health insurance companies, and other "covered entities" to get patient consent before sharing their medical information. A covered entity is a health provider, health plan, or health clearinghouse. Health providers include:<\/p>\r\n