Can medical information be released to a spouse?

Answer: Yes. The HIPAA Privacy Rule at 45 CFR 164.510(b) specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other persons identified by a patient, in the patient’s care or payment for health care.

Who is the record holder for a hospital?

For hospital records, the record holder is the records manager at the hospital the person attended. Fees may apply for accessing these records. How do I access my medical records (health records)?

Can a judge order a spouse to produce medical records?

Before a judge will order one spouse to produce personal information like medical history, the requesting spouse must prove that the information is relevant to the divorce and that the need for the information outweighs the producing spouse’s privacy rights.

Where can I get a hospital record for a deceased person?

To request NHS hospital records, apply to the Access to Medical Records Team at the Hospital which the deceased person attended. The Hospital will have information on their website that provides the precise address details, so it is worth checking because the records may be stored with another hospital within the same Trust.

Can a deceased person’s medical records be released?

The rules relating to the disclosure of a deceased person’s medical records are different to the general rules about release of medical records.

Before a judge will order one spouse to produce personal information like medical history, the requesting spouse must prove that the information is relevant to the divorce and that the need for the information outweighs the producing spouse’s privacy rights.

Can a deceased patient’s medical records be released?

[Editor’s note, July 2010: The Office for Civil Rights has proposed modifications to HIPAA that would ease the release of deceased patient records.] A son calls the HIM department and requests his deceased father’s medical records. Shortly afterward, the man’s wife requests the records, also.

How are medical records kept in a divorce?

In some instances, a judge will order that medical records be provided directly to the court, for the judge’s exclusive review (not to the other spouse). Ultimately, courts recognize that each spouse’s personal information should be kept as private as possible.

What to do if your doctor refuses to release your records?

The Department of Health will contact your doctor’s office to find out why they have not yet released your medical records. At this point the Department of Health will inform your doctor’s office that he must comply with the law and release your records. There are penalties for refusing to release patient records.