Melinda Bryant
Medical records are articles of information regarding a person’s health care that have been compiled over a period time into a file or chart. These records serve as a baseline of care received, which means that each physicians visit, each test result, each treatment, etc. is documented in the record. The general rule is, if it is not in the medical record it did not happen. All medical records are considered to be confidential, and are protected by both federal and state laws. The reason these records are protected is because of the sensitive natured medical information they contain. However there are a few types of records considered to be extra private, these are known as specialized records. These records range from substance abuse records, to mental health records, to records regarding HIV status. These records are most protected because they usually contain therapeutic notes in addition to medical information (McWay, 2010).
Before a medical record can be released there is a lengthy, formal process that must be completed. This process however, differs depending on the type of information to be disclosed, and the reason why the information is disclosed. For instance if records are to be released for reimbursement purposes a consent form signed by the patient must be on file. While cases in which a patient has a communicable disease it is the physicians responsibility to report it to the appropriate governing body with or without consent. Being that every patient record is unique; the requirements for release are also unique. This is why the laws and regulations that govern protected health information (PHI) are so important. The most important of these regulations is The Health Insurance Portability and Accountability Act, better known as HIPAA, which is a federal statute that was passed back in 1996. This act was cutting edge legislation that both protected private
References: Centers For Disease Control and Prevention(CDC). (2012). Basic Information about HIV and AIDS. Retrieved from: http://www.cdc.gov/hiv/topics/basic/index.htm McWay, D.C. (2010). Legal and Ethical Aspects of Health Information Management 3rd Edition. Clifton Park, NY: Cengage Learning. U.S. Department of Health and Human Services(HHS). (N.D.) Understanding Health Information Privacy. Retrieved from: http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html