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10 Myths About HIPAA, Patients and Medical Records Privacy

By , About.com Guide

Updated March 15, 2009

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Myth #2: Only patients or caregivers may get copies of health records.

This is also false. In fact, there are many other individuals and organizations that can access a patient's medical records without a patient's permission, some legally and some illegally. Most outside access is based on either payment or illegal activity.

An insurance company has the right to obtain the records of any patient whose medical payments are its responsibility. If public safety is at risk, then public health officials may obtain your records. Workers compensation entities may have access. Law enforcement officials may obtain your records if there are questions about abuse, neglect, domestic violence, gunshot wounds or other laws. Organ and tissue donation organizations may review your records. The government may gain access if you use Medicare or Medicaid for payment. These are just some of the examples of legal access to your records.

There are also examples of illegal access to patient records. While records may be protected by law, they are not necessarily protected as a practical matter. You've heard about instances in the news where a famous singer or actor was hospitalized and hospital personnel snooped into their files and sold the particulars to the media. They broke the law by doing so, and were suspended or fired from their jobs because they had violated HIPAA laws.

Perhaps you aren't as famous as some of those folks whose privacy was breached, but those situations point out that access is available when someone is determined enough to get it.

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