Peter just gave me a great idea

[Betsy]

As a result of what Peter posted here <bad link removed> and all the times we hear that people can't get their medical records from childhood.

Would someone be willing to tackle doing some research what state laws are concerning medical records and putting something together that we could post on this site? You'll get credit online there for it if you want. Just be willing to finish it. I imagine most stuff could be found online or it might involve making phone calls.

Obviously it couldn't be as detailed as what Peter posted since that would mean contacting a kazillion hospitals but would be interesting if there is any state guidelines concerning medical records.

Betsy

[Ray]

Hi Betsy: I know the US laws pertaining to birth records are different then the ones in Canada, as when I enquired about mine at the hospital where I was born, they claimed that there was no such record of my birth. They told me to contact my birthing doctor and that maybe he could help me, but seemed he passed away some 20 years ago and all records are gone.

Ray

[ptrinkl108]

Hi Betsy,

I have done some research on your topic. If anyone wants to find out about the medical Release of Information (ROI) for a particular state, then I suggest doing a Yahoo or Google search on "Medical Release Of Information <state name or country name>". The Internet is probably the best source for current information.

In reviewing release forms for California, Wisconsin, Washington, and Hawaii, I have found a remarkable similarity of content for medical "Release Of Information" forms. My favorite was for Hawaii, which was a short three-sentence form that only asked for Birth Name, Date of Birth, Parent Name, and a Dated Signature.

New Federal HIPAA patient privacy laws are changing Release of Information forms. A form from Virginia (which seems to be HIPAA compliant), which was almost identical to the one I filled out for a hospital in Michigan, contained the following basic questions. I am including only the parts most relavant for release of medical information to a patient, as I believe that most people using this forum will want their own medical records.

*Section 1: (Basic Information)

Patient Name
Patient Birthdate
Patient Phone Number
Patient Social Security Number (Only In Some States)

*Section 2: (Information To Be Release To)

This section will ask for a mailing address to which the information will be sent. Usually there are separate fields depending on whether the information will be sent to the patient or to a third party.

*Section 3: (Type Of Information To Be Released)

This section will ask if you want all medical records released, or only partial records released.

*Section 4: (Requestor Signature and Date)

This section will ask for your signature and the date of the request.


Other Issues:

*Sensitive Information:

There are usually restrictions on the release of sensitive medical information. Sensitive information includes:

Drug and alcohol treatment information
Psychiatric treatment, or mental health treatment information
Sexually Transmitted Disease (Including HIV/AIDS) information

Some forms include further restrictions to protect the rights of women.

Each state will treat this sensitive information differently. In the case of Michigan, they cannot send sensitive information through the mail, and a patient will be required to pick up the information in person.

*Duration of Release of Information

There is usually a space for the requestor to limit the duration for which the Release of Information document is valid. If not specified, the release is usually valid for 180 days.

Some states have a standard form, and some do not. The best place to get a Release of Information form is from the treating hospital, because often hospitals will have their own forms. Also, individual hospitals will set their own fees for copying the information to be released.

You generally do not have to provide the name of doctor(s) who treated you, and I have only seen it as an option, and not a requirement for completing a form. Release of Information forms usually have more questions than you want to answer, because there are other institutional uses for the form. However, the basic questions are often in bold lettering to help make filling out the release form easier. Many Release of Information forms are now available online as .pdf files for download. A hospital's public information officer is a good person to contact about how to get your medical records.

Peter

[harvestorm]

Here's a start:

Summary of Alabama Statutes (November 2001) Updated
Alabama does not have a general, comprehensive statute granting patients the right to see and copy their own medical records. Neither does the state have a general statute restricting the disclosure of confidential medical information. The Alabama Code does, however, restrict disclosures by HMOs. Additionally, Alabama has some statutes that govern a patient's access to and the disclosure of information related to specific medical conditions, such as mental health and sexually transmitted diseases.

Summary of Alaska Statutes (October 2001) Updated
Alaska statutorily grants patients the right to see and copy their medical records that are maintained by health care providers. The state does not have a similar general statute prohibiting the disclosure of confidential medical information. Rather, there are some privacy protections addressing specific entities and medical conditions.

Summary of Arizona Statutes (May 2002) Updated
Arizona statutorily grants patients the right of access to their medical records in the possession of health care providers (including physicians, hospitals, pharmacists and others) and insurance entities. The state also restricts the disclosures of confidential medical information made by these entities. Additional privacy protections are addressed in statutes governing other specific entities or medical conditions. Click here for the Arizona State Legislature Web site.

Summary of Arkansas Statutes (April 2002) Updated
In conjunction with an anticipated or ongoing legal proceeding, Arkansas statutorily grants a patient the right of access to his medical records that are in the possession of a physician, hospital or other medical institution. The state does not have a general, comprehensive statute protecting confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of California Statutes (March 2002) Updated
California statutorily grants patients the right of access to their health care information from health care providers, HMOs, insurers, and state agencies. The State also has extensive rules governing the use and disclosure of health care information by these entities.

Summary of Colorado Statutes (May 2002) Updated
Colorado statutorily grants a patient the right of access to his medical records in the possession of hospitals and other health care facilities and physicians and other health care providers. The state also restricts disclosure of confidential health care information by these entities. Additionally, there are other statutes governing specific entities or conditions that protect health care information.

Summary of Connecticut Statutes (March 2002) Updated
Connecticut statutorily grants patients the right of access to their medical records maintained by health care providers, health care institutions, insurance entities and other specified entities. The state does not have a general, comprehensive statute prohibiting the disclosure of confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Delaware Statutes (May 2002) Updated
Delaware does not have a general, comprehensive statute granting a patient access to his medical records or protecting his confidential medical information. Rather, these privacy protections are contained in statutes governing specific entities or medical conditions.

The District of Columbia statutorily grants a patient the right of access to his mental health records and has extensive restrictions on the disclosure of such information. The District of Columbia does not have a general, comprehensive statute restricting the disclosure of confidential medical information. Rather, these protections are addressed in statutes governing specific entities or medical conditions.

Summary of Florida Statutes (April 2002) Updated
Florida statutorily grants patients the right of access to medical records maintained by health care practitioners. The disclosure of patient information by providers is generally prohibited without the patient's consent, subject to specified exceptions. Florida also has numerous laws protecting the confidentiality of health information held by a variety of entities and government agencies.

Summary of Georgia Statutes (May 2002) Updated
Georgia statutorily grants a patient the right of access to his medical records in the possession of health care providers, insurance companies and others. The state does not have comprehensive provisions prohibiting the disclosure of confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Hawaii Statutes (May 2002) Updated
The Hawaii Revised Statutes contain a general statute granting a patient access to his medical records. The state does not have a general, comprehensive law prohibiting the disclosure of confidential medical information. Rather, the privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Idaho Statutes (March 2002) Updated
Idaho statutorily grants a patient of a mental health facility the right of access to his mental health records. Patients also have a statutory right of access to their prescription records. The state does not have a general, comprehensive law prohibiting the disclosure of confidential medical information. Rather, the privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Illinois Statutes (May 2002) Updated
Illinois statutorily grants patients the right of access to their medical records maintained by physicians, hospitals and insurers. Illinois also statutorily prohibits the disclosure of confidential medical information maintained by these entities. Additionally, there are privacy protections addressed in statutes governing other specific entities or medical conditions.

Summary of Indiana Statutes (July 2002) Updated
Indiana statutorily grants a patient the right of access to his own medical records maintained by health care providers, including physicians, hospitals, psychologists and others. The state also has statutory provisions governing the disclosure of confidential health care information in the possession of health care providers and HMOs. In addition, there are privacy protections addressed in statutes governing specific medical conditions.

Summary of Iowa Statutes (May 2002) Updated
Iowa does not statutorily grant a patient the right of access to his medical records. Nor does the state have a general, comprehensive statute prohibiting the disclosure of confidential medical information. Rather, these protections are addressed in statutes governing specific entities or medical conditions.

Summary of Kansas Statutes (June 2002) Updated
Kansas does not have a general, comprehensive statute granting a patient access to his medical records or prohibiting the disclosure of confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Kentucky Statutes (January 2002) Updated
Kentucky statutorily grants a patient the right of access to his medical records in the possession of a health care provider or a hospital. The state does not have a general, comprehensive statute prohibiting the disclosure of confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Louisiana Statutes (August 2002) Updated
Louisiana statutorily grants a patient a right of access to his medical records in the possession of health care providers (including physicians and pharmacists) and hospitals. The state does not have a general, comprehensive statute prohibiting the disclosure of confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Maine Statutes (November 2002) Updated
Maine statutorily grants a patient the right of access to his treatment records maintained by a broad range of health care practitioners, hospitals, and insurance entities and provides comprehensive provisions governing the disclosure of health care information.

Summary of Maryland Statutes (May 2002) Updated
Maryland statutorily grants patients the right of access to their medical records maintained by health care providers, health care institutions, insurance entities, health maintenance organizations and other specified entities. The state also restricts the disclosures of confidential medical information made by these entities. Additionally, privacy protections are addressed in statutes governing other specific entities or medical conditions.

Summary of Massachusetts Statutes (June 2002) Updated
Massachusetts statutorily grants a patient the right of access to his medical records maintained by health care providers, hospitals, clinics, other facilities and insurance entities. The disclosure of confidential medical information is restricted by a statutory right of privacy as well as by statutes governing specific entities and medical conditions.

Summary of Michigan Statutes (March 2002) Updated
Michigan statutorily requires health facilities to have policies allowing patients access to their medical records. The state does not have a general, comprehensive law prohibiting the disclosure of confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Minnesota Statutes (May 2002) Updated
Minnesota statutorily grants a patient the right of access to his medical records that are maintained by the state or local government; health care providers, including physicians; health care facilities, including hospitals; and insurance entities, including HMOs. The state also restricts disclosures of confidential health information by these entities.

Summary of Mississippi Statutes (August 2002) Updated
Mississippi statutorily grants a patient the right of access to his hospital records and to his records maintained by a mental health treatment facility. The state does not have a general, comprehensive statute prohibiting the disclosure of confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Missouri Statutes (June 2002) Updated
Missouri statutorily grants a patient the right of access to his medical records that are maintained by health care providers, including physicians and hospitals. The state does not have a general, comprehensive statute restricting the disclosure of confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Montana Statutes (June 2002) Updated
Montana statutorily grants a patient the right of access to his medical records that are maintained by a health care provider or an insurance entity. The state also restricts the disclosures these entities may make of confidential medical information. Additionally, there are restrictions on disclosure contained in statutes governing other specific entities or medical conditions.

Summary of Nebraska Statutes (June 2002) Updated
Nebraska statutorily grants a patient the right of access to his health records in the possession of health care providers, including physicians, hospitals and psychologists. The state does not have a general, comprehensive statute restricting the disclosure of confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Nevada Statutes (July 2002) Updated
Nevada statutorily grants a patient the right of access to his health records in the possession of health care providers, including physicians, hospitals and pharmacists. The state does not have a general, comprehensive statutory prohibition against the disclosure of confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of New Hampshire Statutes (May 2002) Updated
New Hampshire statutorily grants a patient the right of access to his medical records in the possession of a health care provider or a health care facility. The state also restricts the disclosures these entities may make of confidential medical information. Additionally, there are privacy protections addressed in other statutory provisions governing specific entities or medical conditions

Summary of New Jersey Statutes (August 2002) Updated
New Jersey statutorily grants a patient the right of access to hospital records and to his medical information in the possession of HMOs and other insurance entities. The state also prohibits these entities from disclosing confidential medical information. In addition, privacy protections are addressed in statutes governing other specified entities or medical conditions.

Summary of New Mexico Statutes (August 2002) Updated
New Mexico statutorily grants individuals receiving services in a mental health or developmental disability facility the right of access to their medical records. New Mexico does not have a general, comprehensive statute prohibiting the disclosure of confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of New York Statutes (May 2002) Updated
New York statutorily grants patients the right of access to their medical records. A similar statute applies to records held by mental health facilities. The state also has numerous protections against the disclosure of confidential medical information held by various entities and agencies.

Summary of North Carolina Statutes (October 2002) Updated
North Carolina statutorily grants a patient the right of access to his medical records that are in the possession of an insurance entity, including an HMO, or a mental health facility. The state also restricts the disclosure of confidential medical information by these entities. Additionally, there are statutes restricting disclosure that govern other specified entities and medical conditions.

Summary of North Dakota Statutes (August 2002) Updated
North Dakota statutorily grants a patient the right of access to his medical records that are maintained by medical providers. The state also restricts the manner in which different types of insurers may disclose medical information.

Summary of Ohio Statutes (November 2002) Updated
Under the Ohio Revised Code, a patient has a statutory right of access to his medical records maintained by hospitals, health care providers, and insurance entities. Ohio does not have a general, comprehensive statute prohibiting the disclosure of confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Oklahoma Statutes (May 2002) Updated
Oklahoma statutorily grants a patient the right of access to his medical records maintained by a doctor, hospital or other medical institution. The state does not have a general, comprehensive statute prohibiting the disclosure of confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Oregon Statutes (August 2002) Updated
Oregon statutorily grants a patient the right of access to his medical records that are maintained by insurers, public health care providers and public health care facilities. The state also restricts the disclosures these entities may make of confidential medical information. Additionally, privacy protections are addressed in statutes governing other specific entities and medical conditions.

Summary of Pennsylvania Statutes (August 2002) Updated
Pennsylvania statutorily grants a patient the right of access to his medical records that are maintained by health care providers, health care facilities and managed care plans. The state does not have a general, comprehensive statue protecting the privacy of confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Rhode Island Statutes (August 2002) Updated
Rhode Island statutorily grants a patient the right of access to his medical information that is maintained by physicians. Under the Confidentiality of Health Care Communications and Information Act, the state also provides general, comprehensive prohibitions against the disclosure of confidential health care information. Additionally, privacy protections are addressed in other statutes governing specific entities or medical conditions.

Summary of South Carolina Statutes (August 2002) Updated
South Carolina statutorily grants a patient the right of access to his medical records maintained by health care facilities and physicians. The state does not have a general, comprehensive statute prohibiting the disclosure of confidential medical information. Rather, this privacy protection is addressed in statutes governing specific entities or medical conditions.

Summary of South Dakota Statutes (August 2002) Updated
South Dakota statutorily grants a patient the right of access to his medical records maintained by health care facilities (such as hospitals), and by practitioners of the healing arts, including physicians. The state does not have any general, comprehensive statute prohibiting the disclosure of confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Tennessee Statutes (August 2002) Updated
The Tennessee Code statutorily grants a patient the right of access to his medical records in the possession of a health care provider or a hospital. The state does not have a general, comprehensive statute prohibiting the disclosure of confidential medical information. Rather, these privacy protections are contained in statutes governing specific entities or medical conditions.

Summary of Texas Statutes (1999)
Texas statutorily grants a patient the right of access to his medical records that are maintained by a physician, chiropractor, or podiatrist, to his hospital records and to his mental health records. The state does not have a general, comprehensive statute prohibiting the disclosure of confidential medical information. Rather, the privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Utah Statutes (July 2002) Updated
Utah does not have a general comprehensive statute granting a patient the right of access to his medical records or prohibiting the disclosure of confidential medical information. The state does statutorily afford these privacy protections to medical information that is maintained by the government. Additionally, some privacy protections are addressed in statutes governing other specific entities and medical conditions.

Summary of Vermont Statutes (November 2001) Updated
Vermont does not have a general, comprehensive statute granting a patient access to his medical records or prohibiting the disclosure of confidential medical information. Rather, the privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Virginia Statutes (August 2002) Updated
Virginia statutorily grants a patient the right of access to his medical records maintained by the state government, health care providers (such as physicians and hospitals) and insurance companies (including HMOs). State law also restricts disclosures by these entities and imposes restrictions addressing specific medical conditions.

Summary of Washington Statutes (July 2002) Updated
Washington has a comprehensive statute that governs the access to and disclosure of health care information maintained by health care providers. Washington also has numerous other laws protecting the confidentiality of health information in specific situations. Some of these apply to entities other than health care providers, such as insurers.

Summary of West Virginia Statutes (September 2002) Updated
West Virginia statutorily grants a patient the right of access to his medical records in the possession of health care providers including physicians, hospitals and others. The state does not have a general, comprehensive statute prohibiting the disclosure of confidential medical information. Rather, these privacy protections are addressed in statutes governing specific entities or medical conditions.

Summary of Wisconsin Statutes (August 2002) Updated
Wisconsin statutorily grants a patient the right of access to: his health care records maintained by health care providers (including physicians, hospitals, pharmacists, and others); personal medical information maintained by insurers; and records maintained by mental health, developmental disabilities, and drug and alcohol abuse treatment facilities. The state has a general, comprehensive statute that restricts the disclosure of patient health care records. Additionally, there are privacy protections addressed in statutes governing specific entities or medical conditions.

Summary of Wyoming Statutes (June 2002) Updated
Wyoming statutorily grants patients the right of access to their hospital records. The state does not have a general comprehensive statute prohibiting the disclosure of confidential medical information. Privacy protections generally are contained in statutes governing specific entities or medical conditions.

[Jules]

Great Job harvestorm!!!! You too Peter!! Very helpfull imformation:)