When are medical records considered published?
Full Question:
Answer:
The definition will vary by applicable statute. For example, under the Health Insurance Portability and Accountability Act (HIPAA), publication may involve use and/or disclosure. Please see the information at the following link:
http://www.goer.state.ny.us/Train/onlinelearning/HIP/T3.asp?job=cii
HIPAA doesn't always protect medical information. If the person who disclosed your information was not a doctor, hospital, pharmacy or a person working for your health plan, HIPAA would probably not apply. When relevant to a lawsuit, arbitration or other claim when you have first raised your medical history, condition or treatment as an issue in the case, medical records may be accessed. By a patient putting his or her physical condition "at issue" in a lawsuit, the law presumes that the patient has waived all confidentiality regarding his or her medical condition, and there is an implied authorization to the patient's doctor for disclosure of all relevant information and medical records.