The U.S. Health Insurance Portability and Accountability Act of 1996 is the federal law that protects the privacy of public health information. The Privacy Rule specifically makes it illegal for healthcare professionals to share an individual's private health information, including in written, oral and electronic forms. In terms of access to patient information, the protected health information of the patient should always be accessible to the patient.
Medical Health Records
Although patients are allowed access to their written medical records, they are not necessarily able to access any oral communications of their treatment. This is tricky because, if the oral communication was recorded and considered part of the patient's "designated record set," used to make decisions about the patient's health, then it needs to be made accessible to the patient. However, taped transcriptions about the patients treatment or recorded calls to an advice line may not be considered part of the designated record set and therefore may not be accessible to the patient.
Research Participants
A research participant may have access to medical information collected about her during research if it is considered part of the "designated record set." If the research is part of a clinical trial, however, the client may not have access to it during the trial. Prior to the beginning of the research trial, the patient will be informed that she is giving up this right, and will be allowed to see her health information once the research trial is over.
Mental Health
The laws, in regard to psychotherapy notes, are more complex and depend on state laws as well. Psychiatrists conducting psychotherapy are allowed, under HIPAA, to deny clients access to their psychotherapy notes. However, the psychiatrist must share these notes with another covered entity, if the patient requests it. Some states have laws that permit patient's access to these notes despite the federal HIPAA policy. Some of the therapist's information, however, is considered part of the patient's medical record, including: medication, diagnosis, symptoms, prognosis of treatment, treatment plan, clinical test results and types of treatment.
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