Can your husband access your medical records under the HIPAA law?

Answer 1

Yes, but only limited information which is absolutely necessary and in under specific circumstances. One instance is if the person/spouse has a communicable disease, another is when the spouse is unable for whatever reason to communicate with medical care providers. If the wife is legally competant, she is entitled to forbid all access to her own PHI to her husband, which she should do specifically. In the case where the wife is not legally competant (which surely doesn't seem likely if she wrote this question), the decision to access her PHI will be controlled and decided by: * Existing proof of a Personal Representitve as defined in HIPAA Privacy Rule section 164.502(g)(2). This is someone the wife chooses or is assigned by the court. * Anyone designated in a Power Of Attorney, Living Will or similar document, wherein the wife specifically allows communication. * Anyone the court designates as Personal Representitive (Ibid). And that's about it. Even in the event of a communicable disease, it is not at all clear that the husband is entitled to break the PHI seal. HIPAA itself is not clear on this point, and no case law exists yet, so the first time this comes to court, it'll be ... interesting. The one exception that comes to mind is, if the husband is the primary on her insurance, he can be presented with a listing of services the Insurance COmpany paid for. However, as the Payer is only entitled to "Minimum Necessary" PHI and is required to pass on only "minimum necessary", they can't really say too much about what happened, and they cannot specifically declare a diagnosis. This can potentially be broken by a Grand Jury subpeona, or by a Court Order, but to my knowledge, no-one's even tried to do this, as the release of PHI is highly unlikely. In summary -- not likely at ALL.

Answer 2

You may see your husband's medical record under any or all of the following circumstances: * The Covered Entity (CE) -- doctor, insurance company, etc. makes a good faith assessment that the patient would want you to see the record, and that doing so is to the benefit of the patient. * The patient informs the CE that the Wife may review any or all records. This may be done verbally. * The patient fills out a formal Authorization (as defined very specifically by HIPAA) that allows the wife to see the record (authorizations are often a one-time thing, or for the duration of a hospital stay, etc. They aren't open ended). * The wife is the patient's Personal Representitive as defined in section 164.502(g)(2). Personal Representatives usually represent patients who are not legally competant (but this is not a requirement). * If the wife has a Power of Attorney, an Enduring Trust, a limited POE, and revealing the record will be, in the CE's professional opinion, undetrimental to the patient. * If so ordered by a court or grand jury. * If the patient is unconscious or otherwise incompetant and the wife is the closest relative. Note that the definiation of "closest relative" typically falls to a surviving spouse by default, but may vary under State Law. There is no "HIPAA Release" defined under the law.

Answer 3

Yes, even the patient must sign a release to obtain their own records.

Another answer, and a little more info:Among lots of other things, HIPAA assures the patient's access to their own records, and the right to request changes in the records to correct mistakes. These rights were not ensured before HIPAA and in fact some areas limited patient access to their own records. But no more.

The Provider (the one who offers care) does NOT need to require a "release" from the patient, and can in fact turn over medical records to the patient upon verbal request. But the Provider has the right to optionally ask for a written request for medical records -- it's up to them.

Psychotherapy notes are the exception. They may or may not be given to the patient, depending on whether the therapist feels thaty releasing the information therein would be detrimental to the patient's health.