Releasing Health Care Information

Paper Summary:

This paper explains that the entire health care system in the United States is predicated on a well-established system of careful control of medical information that is afforded the highest degree of privacy and privilege. The author points out that the release of information pertains to all medical information with a personal identifier on a document of any sort, which can take the form of traditional paper-based medical records and forms, digital output stored in a hospital's mainframe or a clinician's desktop, and X-rays and their interpretations that are subject to release of information privacy protections. The paper concludes that, notwithstanding the ethical considerations involved, failure to exercise adequate security of such personal medical information or to comply with requests for information should carry serious consequences.

Table of Contents
Objectives
Background and Overview of Release of Information
Types, Uses and Purposes of Release of Information Documentation
Legal and Ethical Considerations and Potential Consequences
Review, Summary and Conclusion
Controlling Federal and Colorado State Law
Explanation of Health Information Policy/Procedure Specific to Release of Information

From the Paper:

"Under HIPAA, all patients have the right to inspect, copy, and amend their health-care information; authorize or refuse to authorize its use; and receive a formal accounting of how their information is used. Infrastructural barriers must be used to block unauthorized access to a patient's medical data. The rule provides for civil monetary penalties of up to $25,000 for each standard violation as well as criminal penalties of up to 10 years imprisonment and/or a fine of up to $250,000. (104) The federal law represents a floor of protection for medical data; stricter state laws are not preempted. In addition to these, many other federal statutes may interact with HIPAA's privacy provisions."

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