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jamest, Private Investigator
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what specific laws protect a patients confidential medical ...

Resolved Question:

what specific laws protect a patients confidential medical information?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  jamest replied 6 years ago.
Hey! good day to you!
It depends on what type of medical information your talking about. Under federal law, which deals with matters which may involve more than one state, we have
the Health Insurance Portability and Accountability Act which:
establishes regulations for the use and disclosure of Protected Health Information (PHI). PHI is any information about health status, provision of health care, or payment for health care that can be linked to an individual. This is interpreted rather broadly and includes any part of a patient’s medical record or payment history.

This mainly deals not directly with doctors, but with others who become aware of your information in the performance of their duties such as pharmacy employees, insurance agents and others who are obligated to maintain confidentiality.

Most states regulate and have specific rules for medical professionals in that state.
you say your in knox city, which are cities in Texas or Missouri.
I'll assume Missouri is the state were talking about and here is the law regarding confidentiality of medical matters. THis goes in detail what is protected and what is exempt. which can be found at http://www.moga.mo.gov/statutes/C100-199/1910000317.HTM
Missouri Revised StatutesChapter 191
Health and Welfare
Section 191.317

Confidentiality of all tests and personal information--exceptions--retention of specimens, procedure.

191.317. 1. All testing results and personal information obtained from any individual, or from specimens from any individual, shall be held confidential and be considered a confidential medical record, except for such information as the individual, parent or guardian consents to be released; but the individual must first be fully informed of the scope of the information requests to be released, of the risks, benefits and purposes for such release, and of the identity of those to whom the information will be released. Statistical data compiled without reference to the identity of any individual shall not be declared confidential. Notwithstanding any other provision of law to the contrary, the department may release the results of newborn screening tests to a child's health care professional.

2. The specimen shall be retained for five years after initial submission to the department. After five years, the specimen shall be destroyed. Unless otherwise directed under this section, a biological specimen may be released for purposes of anonymous scientific study. At the time of collection, the parent or legal guardian of the child from whom a biological specimen was obtained may direct the department to:

(1) Return a biological specimen that remains after all screening tests have been performed;

(2) Destroy a biological specimen in a scientifically acceptable manner after all screening tests required under section 191.331 or rule promulgated thereunder have been performed; or

(3) Store a biological specimen but not release the biological specimen for anonymous scientific study.

3. A biological specimen released for anonymous study under this section shall not contain information that may be used to determine the identity of the donor.


I hope the information was helpful.

 

jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience: Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
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