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Blacking Out Names in Medical Records: Privacy and HIPAA
Have you ever wondered whether someone can look through your medical records, provided that your name and other identifying information is blacked out? The answer is generally yes, although there are some exceptions. Attorneys often need to obtain the medical records of third parties who are not directly related to the case, to show some kind of pattern, such as bad accounting practices, a history of misdiagnosis, etc.
Privacy Rule Added to HIPAA
In 2002, the Privacy Rule was added to the Health Insurance Portability and Accountability Act (HIPAA) of 1996. This rule established, for the first time, national standards to protect the privacy of personal health information. This rule works in cooperation with state law, such that, where conflicting, the more stringent provision will rule.
The Rule allows blacked-out, redacted, or ?de-identified? health information to be disclosed and used without restriction. In this process, specified identifiers are removed, such as the patient?s birth date, household members, employers, etc. De-identified health information does not identify or provide a reasonable basis to identify a patient.
Most cases have allowed the use of medical records with names blacked out. However, a recent court decision did not allow the disclosure of medical information of 45 women who had had late-term abortions, even if their names were blacked out. The court stated that it would still be an invasion of privacy, because it would be emotionally difficult on the women to know that their records were being accessed.
Another factor coming from the case is that an attorney needs to have a good reason to get the medical records. How would you feel if someone looked through your medical records with your name blacked out?
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