Patient privacy exeption

Short answer to this broad question is: yes, many. Although state laws vary somewhat from state to state, privileges providing secrecy or confidentiality are rarely absolute. The context of the question, relevant facts, who is seeking the information, who is opposing its use or release, whether criminal prosecution or violations of law are involved, or if disclosure is sought in a civil matter, can all impact the legal analysis and the strength of the privilege.

A substantive or evidentiary privilege can also be waived explicitly or implicitly by the person possessing the right to privacy. For example, in most state (and under HIPAA the federal rules setting minimum privacy protections for certain personal health data) a person explicitly waives medical records privacy rights when filing a worker compensation claim (on the job injury) for that claim. You can also waive privacy rights by consent (usually in a written release) which can occur in such situations as applying for life insurance or seeking reimbursement for medical expenses under a employer's health benefit plan. You can also waive certain medical privacy rights if you participate in a medical study or experimental drug therapy program when you sign the consents to participate.

In consenting to a referral to another healthcare provider, you are implicitly authorizing (and often also expressly authorizing in a release form or consent) the sharing of your medical information and data for that referral examination, testing or treatment.

Similarly, certain amounts of medical information (like the fact that you were treated) may be used by the health care provider in seeking payment from you, from third parties or from the government health programs.

At the other end of the legal spectrum are specific circumstances where a healthcare provider may be either permitted or required by law to disclose information about your treatment of medical condition where the disclosure is necessary to prevent harm to the patient or a third party, or where a criminal investigation or prosecution is under way and criminal process requires the disclosure (Eg. though a subpoena). In the same general arena, are laws that require disclosure about the medical condition of children and minors to their parents or guardians by physicians notwithstanding any physician-patient privacy rights.

Finally, the type of medical records, treatment or personally identifiable information can impact the relative weakness or strength of the privacy right or privilege. In some states, mental health records, drug and alcohol abuse records, and sexually transmitted disease information may be subject to more stringent protections for a variety of public policy reasons.

In most cases the laws (state and federal) seek to balance competing interests of the patient in privacy, and interest of others, and society at large. Where that balancing line is drawn can be set forth in the laws, rules or regulations, or vested in the discretion of a decision maker, or both.

Your particular situation may not include any of these scenarios, but a good place to start would be to read about HIPAA concerning patient privacy in personally identifiable health information. This federal law and the rules adopted by the HHS to implement the laws sets a minimum floor for all of the states as it relates to many of the aspects of patient privacy and exceptions. But "Your Mileage May Vary" because the states are free to make more strict or stringent protections, and the HIPAA rule contains many, many exceptions. Try starting at the below listed link for a starting point in order to learn more.

State Required Legal Ethics Disclosure: This Answer and any information contained in this answer is not intended to be treated as legal advice; And, this posting does not create an attorney-client relationship or privilege of any kind. This attorney licensed only in Georgia.

Yes, we would need to know the specific circumstance to advise you properly.