ABA Family Legal Guide

Health-Care Law

Patients' Rights

Confidentiality and Privacy

Who has access to my medical information?

Any time you enter a hospital or other medical facility, you automatically agree to let anyone directly involved with your care see your medical record. This includes secretaries, nurses, interns, residents, doctors, nutritionists, pharmacists, and technicians. This probably doesn't come as a surprise—it makes sense for these people to have access to your records. But there are dozens of other people and organizations that may be able to access your medical information.

Insurance Companies

Insurance companies require you to release your records before they will issue a policy or make payment under an existing policy. Medical information gathered by one insurance company may be shared with others through the Medical Information Bureau.

Government Agencies

Government agencies may request your medical records to verify claims made through Medicare, Medicaid, Social Security Disability, and workers' compensation.

Medical Information Bureau

The Medical Information Bureau (MIB) is a central database of medical information. Approximately 15 million Americans and Canadians are on file in the MIB's computers. Insurance firms use the services of the MIB primarily to obtain information about life insurance and individual health insurance policy applicants. A decision on whether to insure you is not supposed to be based solely on the MIB report. (Visit the MIB website at www.mib.com.)

The MIB does not have a file on everyone. But if your medical information is on file, you will want to be sure it is correct. You can obtain a copy for $9 by writing to Medical Information Bureau, P.O. Box 105, Essex Station, Boston, MA 02112, or calling 617-426-3660.

Employers

Employers usually obtain medical information about their employees by asking employees to authorize disclosure of medical records. When employers pay medical insurance, they may require insurance companies to provide them with copies of employees' medical records.

Other Disclosures

Other disclosures of medical information occur when medical institutions such as hospitals or individual physicians are evaluated for quality of service. This evaluation is required for most hospitals to receive their licenses. Your identity generally is not disclosed when medical practices are evaluated. Occasionally, your medical information is used for health research and is sometimes disclosed to public health agencies like the Centers for Disease Control. Specific names usually are not included with the information.

While providing access to your medical information is necessary to provide you with the best treatment possible, it can be a bit unsettling to realize just how many people get to see your records.