Medical Records

HIPAA Definitions: Treatment, Payment and Health Care Operations

The federal HIPAA "Privacy" Rule allows broad use and disclosure of private medical records without patient consent. Specifically, no consent is required for 12 National Priority Purposes, including law enforcement and public health, or for Payment, Treatment and Health Care Operations. The definition of "Health Care Operations" is 390 words long.

Questions to Ask - Mayo/Univ. of Minn. Genetic Research Plan

People may not understand…that tissue samples they provide may be used for genetic research…They may believe that samples will be discarded after testing, although the law often requires that samples be retained. When samples are obtained as part of medical care, patients may not be told about the possibility that these samples will be stored and used for research.

What Consent? - MN's Medical & Genetic Research Law

Minnesota state law denies most consent rights for patients regarding use of their individually-identifiable medical records for medical research. UPDATE: Until the Minnesota Genetic Privacy Act passed in 2006, Minnesota law was silent on collection, storage use and dissemination of genetic information for genetic research. States are not preempted by federal law from passing stronger, more privacy-protecting laws.

ACTION ALERT! U.S. Government Plans National Medical Records Information System

CCHC Opposes Proposed "National Health Information Network"

The HHS notice states, “Regardless of how it is developed, overseen or operated, there is a compelling public interest for a NHIN to exist.” This claim does not stand up to scrutiny. Nor is it supported by any documentation. There is no evidence that the public is asking for a national electronic medical records system that will facilitate the sharing and dissemination of their private medical records.

Access to Medical Records in Minnesota

This notice explains the rights you have to access your health record, and when certain information in your health record can be released without your consent. This notice does not change any protections you have under the law.

Public Opposes State Collection of Private Medical Information

We gathered and in this report published the many public comments received by the Minnesota Department of Health's August 19, 2002 proposed rule to require most hospitals and health insurers to collect and electronically transmit individually-identifiable medical record data to the Department without patient consent: Proposed Permanent Rule Regarding Administrative Billing Data, Minnesota Rules, chapter 4653. The public was not pleased. The comments forced a public hearing.

CCHC's Public Comments on Medical Privacy

The federal government does not have the legal or moral authority to strip individuals of basic patient rights in order to achieve faster transactions, more convenience, or any other stated rationale. In fact the implementation of the medical privacy rule is an infringement of federalism, to say nothing of Fourth amendment rights.

CCHC's Comments on Centralized Medicare Database

We are concerned not only about the eleven Routine Uses proposed for the data, for which you asked for comment, but also about the new Centralization of patient data on our nation's senior citizens, and its potential for privacy abuses and health care rationing.

Medical Privacy Project 2001