The Health Insurance Portability and Accountability Act, [usually referred to as “HIPPA] places certain restrictions upon and guidelines for the release of medical information. Your medical records are absolutely confidential between you and your medical provider. Under the privilege that exists on medical records, in most circumstances only you, the patient may authorize release of your medical records. However, there are circumstances under which others need your medical records. Where the release of medical records is required as a condition of receiving a benefit, you have the choice of allowing the release of the information, or, denying the release of the information, but at the risk of not getting the benefit.
Bottom line: HIPPA and common law medical confidentiality do in fact protect against release of medical records. However, the patient holds the key to release and the patient will find him or herself in positions where they will need to strongly consider signing authorizations for the release of medical records.
Personal Injury Lawyer