Medical Records

Medical records are a private matter, but can in certain circumstances be released.

Most Americans tend to believe that their medical records are intensely private, and that the utmost discretion must be observed when releasing them. The intimate details of one's health and well being are closely guarded in daily life, and thus the same standard of privacy should be applied in a professional manner. Most Americans are however, in doubt as to what exactly a person's medical record contains, and who can access it and under what circumstances it can be made public.

Medical records are kept when a person visits a health care profession, i.e. doctor, nurse, psychologist, specialist etc. The medical professional will ascertain the current health status of an individual, make a record of it, and will prescribe an appropriate treatment if it is deemed necessary. This treatment will also be added to the person's medical record. This is necessary to make sure conflicting treatments don't cause more harm than good. This is the main purpose of medical records, to catalogue all ailments and treatments, to better diagnose problems and their appropriate treatments in the future. Because of this, medical records contain a record of every lab test and its result, every medicine prescription, every extended hospital stay, every operation and its result. This obviously is sensitive information, and people are right to want it held private.

The government has laws that dictate when and where medical records can be released. However, some sensitive medical information can be found in financial documents, such as medical bills, school records, such as vaccine histories, extended absences, nurse visits or even employment records, such as physical examinations. These are not protected by federal privacy laws.

Some common examples of necessary medical record releases include applying for a new insurance policy. Most private insurance companies require a timely release of medical records before a new policy is implemented. This is often a source of criticism for the national health care policy in this country in that uninsured sick people are often denied health care coverage because they are already sick. Government bureaus can requisition medical records to verify claims made in an application for social security benefits, worker's compensation benefits, and disability payments. Employers can also request that potential employees disclose medical records as part of the application process. Federal privacy laws do not apply in this case because the person in question voluntarily allowed the release of the records. There is a fair share of criticism directed at companies who engage in this practice, with allegations of hiring bias against those who have preexisting medical conditions such as HIV or other conditions deemed socially unacceptable. Medical records can also be subpoenaed in legal matters, if the state of one's health has a direct bearing on a legal proceeding. Informal health, no-costs screenings such as blood pressure tests or physical fitness tests are often ruses just to get information on potential patients, and then selling the patient's medicines or treatments that go along with those tests. Consumers should be on the lookout for such practices.

Summary: Medical records are indeed private, but consumers should be aware of federal privacy rights and know when medical records can be involuntarily disclosed.