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Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1059
Experience:  Attorney-at-Law
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Once health information has been authorized to be disclosed,

Customer Question

once health information has been authorized to be disclosed, is it legal for the recipient, person or organization to re-disclose information, at which time it may no longer be protected under the privacy laws.
Submitted: 1 year ago.
Category: Legal
Expert:  Thelawman2 replied 1 year ago.

At the federal level, the Health Insurance Portability and Accountability Act (HIPAA) fails to address redisclosure. However, the United States Department of Health and Human Services has clarified that HIPAA permits a covered entity to disclose a complete medical record, including portions created by another provider, so long as the disclosure is for a proper purpose under HIPAA—e.g., treatment—and the released information is limited to the minimum necessary to accomplish the intended purpose of the disclosure.

There are tighter restrictions surrounding the disclosure of drug and alcohol abuse. Federal regulations generally bar the redisclosure of certain alcohol and drug abuse treatment records, without informed consent, with two exceptions: (1) during a medical emergency; or (2) pursuant to a court order and subpoena. Further, if redisclosure is made, the redisclosed treatment records must be accompanied by a specific statement (provided for in the regulations) that notifies the recipient that the received records may not be redisclosed.

You should also review the HIPAA authorization form that was signed to see if it discusses redisclosure at all and whether redisclosure is expressly permitted under the authorization form.

Customer: replied 1 year ago.
If I am being asked to sign a patient authorization form, can I cross out the line that states "once the disclosed reaches the noted recipient, that person or organization may re-disclose it?"
Customer: replied 1 year ago.
Can I also limit the recipient, person or organization as to how many years they can look at? For example: for years 2011 to present only?
Expert:  Thelawman2 replied 1 year ago.

You can cross it out. You should initial and date where you crossed out that line. The only issue is that the person you are supposed to disclose the information to might not agree with your changes and refuse to provide service.

Expert:  Thelawman2 replied 1 year ago.

So what exactly are you having disclosed and to whom?

Expert:  Thelawman2 replied 1 year ago.

If you are having someone send records to another entity, you can explicitly tell them which documents you want to provide, including the timeframe.

Expert:  Thelawman2 replied 1 year ago.

I am sorry. I am not able to do a phone call. I do not like to provide my personal number through this website.

Customer: replied 1 year ago.
Okay, thank you. The information is for an opposing attorney. I just crossed out the lines regarding re-disclosure and limited the prying to five years.
Expert:  Thelawman2 replied 1 year ago.

So you are involved in a case where you have to provide your medical records to the other side? If so, you should make sure you have a separate agreement with opposing counsel to keep the information confidential or get an order from the court saying it should be kept confidential .

Expert:  Thelawman2 replied 1 year ago.

I hope this has been helpful. If so, please provide positive feedback

Customer: replied 1 year ago.
It has been helpful. However, does the same law apply to Medicare and Social Security? Although, I have not paid via Medicare because I have other insurance, they still want to access my Medicare and Social Security account. Can I limit the number of years they can look at?
Customer: replied 1 year ago.
Are you still there?
Expert:  Thelawman2 replied 1 year ago.

So if this is as part of a discovery request from opposing party, you can file a motion to limit the discovery request to only those aspects that you believe are actually relevant.