Everything man does is recorded in history. Most of everything you do is recorded, sometimes without you knowing it. Imagine someone being able to track your history with every plane you have flown, every visit to the dentist, smog check, purchase, or eye exam. And how private are these records? This brings me to the topic of medical records and the right of privacy.
It’s been over a month since Metro Police announced how former endoscopy patients can get copies of their medical records. After the outbreak scare that the endoscopy center faced, Metro seized years of patient medical records(approximately 2025 boxes) with search warrants. Now patients are trying to request their medical records and it’s harder than ever because of the way the records were seized.
Fifty-four-year-old Elizabeth Ramirez claims “It’s been a nightmare trying to request my medical records. There is so much paperwork and waiting before I can get my full record.” Ramirez was a former patient of the Endoscopy Center of Southern Nevada and had some blood work done in 2006 for her diabetes. “There is so much protection over these records and so much information and it’s sad that this happened to Las Vegas but even sadder that it will take years and years to clear this up.” Ramirez is urged to go in to a health clinic for Hepatitis and HIV testing as often as a couple of times a year for the next few years and still waits for her medical records she requested. “It’s going to be a struggle that I don’t want to have to deal with but I will surpass hopefully,” says Ramirez.
This is a special case of the difficulty in trying to obtain medical records. But how easy would it be to look at someone else’s medical records or let alone view your own. According to a PrivacyRights.org “medical records are created when you receive treatment from a health professional such as a physician, nurse, dentist, chiropractor, or psychiatrist. Records may include your medical history, details about your lifestyle (such as smoking or involvement in high-risk sports), and family medical history.” Medical records can also contain prescriptions, medical procedures, and test results. This makes me wonder if medical records include cosmetic surgery and procedures. Well yes in most cases cosmetic surgeries and procedures are on your medical record.
General Electric Health Care representative Jacob Dewees says there is absolutely no difference between a normal medical record and a plastic surgery medical record. The laws are the same and any medical record is completely confidential between the patient and the medical staff by HIPAA regulations. I wasn’t too sure exactly how HIPAA worked but I learned that it stood for Health Insurance Portability and Accountability Act. Dewees explained that “HIPPA is a Patient medical information security corporation that checks all hospitals clinics and doctors to make sure they follow confidential regulations so that patient information is secure.” But how successful is HIPPA at keeping medical records between patients and medical staff only?
According to the Los Angeles Times, 13 staff members at The UCLA medical center are under an investigation for accessing the medical records of Britney Spears without authorization. Luckily those medical records were not leaked to the press, but this is not the first nightmare facing electronic medical records. Dewees says “the problem is celebrities and the amount of money that is paid out by the press to get that information and at the right price any staff member can give all the medical records to the press at the risk of losing their job, losing their medical license or being sued if caught.” Although medical records are attempted to be kept private, there is a wide range of people inside and outside the medical field that can access your records like health insurance companies, government agencies, and even employers. In 2005, the Bush Admin. called for a nationwide network of electronic medical records with in a 10 year time period. Well as you can imagine there are some amazing benefits to emergency medical institutions and speedy healthcare procedures. However here are some concerns that PrivacyRights.org may have with this:
* The custodian of the records may not necessarily be a “covered entity” under the HIPAA privacy rule. HIPAA only applies to health care providers, health plans, and health care clearinghouses. Therefore, it is possible that consumers may not have any privacy rights under the HIPAA law if they utilize a service that electronically aggregates medical records.
* The Web site operator could become subject to judicial process and can be served with a subpoena for your personal medical records. This greatly facilitates the ability of both government entities and civil litigants to go on fishing expeditions for your medical records.
* The Web site’s privacy policy can be changed at any time. This could, for example, subject consumers to targeted advertising based upon their medical conditions.
If I wanted to get view someone’s medical record I would have to either have access to their files with authorization from the institution or pay a pretty penny and hope that I don’t get caught in the act. Now I have an insight on how snoopy reporters can get down to the facts and get into some pretty unethical situations with medical records. While you can request your medical records thanks to the HIPAA, if you want to make sure your Medical records are kept extremely safe make sure not to sign any release waivers without your own terms, avoid health screenings in public places, and keep a personal record of your own medical records.
