KopfHealthLaw.com
Title
Kopf HealthLaw Group
Description
This website provides general educational information. Although it was prepared by a professional, it should not be utilized as a substitute for legal advice.
State and Federal statutes identify certain personal health information that is considered restricted or protected from disclosure without legally specific consent from the individual at issue. For example, the federal Confidentiality of Alcohol and Drug Abuse Patient Record Act prevents the disclosure of an individual’s alcohol or drug treatment/rehabilitation records without specific consent by the patient. Certain mental health medical records also may not be disclosed without specific consent. Maryland, as well as many other states, has multiple laws and regulations with the intent of maintaining the privacy of medical information that if disclosed or redisclosed could have a significant impact on gaining employment, promotions, complicate obtaining life, health or disability insurance, or effect a child’s school placement. In Maryland there are statutes that restrict the disclosure for minors and adults of genetic or congenital disorders, for minors and adults of educational impairment records, mental health records, HIV and AIDS testing results as well as alcohol and drug treatment records. Most states have medical records laws that set consent or disclosure criteria as well.
HIPAA protects the disclosure of the following “Protected Health Information” (PHI) unless it is related to the Treatment, Payment or Operations (TPO) of the health care entity. Be sure you obtain the proper consent, HIPAA compliant consent or authorization from the patient prior to release of PHI or other protected personal health information.
