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Profile IconBLev and bruce david joined SleepGuide
Aug 21

HIPAA And Your Legal Right To Your Medical Records and How To Get Them

I provide this URL first as it provides access to individual states laws

http://hpi.georgetown.edu/privacy/records.html

This site provides some information on the limitations to access to copies of your medical records at one university

http://www.cumc.columbia.edu/hipaa/policies/rights.html

Some of which are

The patient may only access, inspect, and/or obtain a copy of his/her PHI in a "designated record set." The designated record set does not include, and the patient may not access:

Psychotherapy notes about the patient;

Personal notes and observations about the patient created by a health care provider (provided such notes and observations are not included in the patient's medical record);

PHI that is compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding; and

PHI that is subject to the Clinical Laboratory Improvements Amendments of 1988 (CLIA).

The patient's provider can provide a summary of the patient's PHI in lieu of granting access to all the patient's PHI if, in the professional judgment of the patient's provider, providing the patient with unlimited access to his/her PHI would endanger the life or physical safety of the patient or another person.

That "designated record set" is the battle I am fighting right now. A sleep center is maintaining that the full scored data summary report w/condensed graphs is excluded from that "designated record set". Thankfully, my original sleep center was not so paranoid about their records and I've had no difficulties getting these full reports from them. I haven't give up yet, tho, on obtaining that report from the recalcitrent sleep center. The more I am denied access the more determined I become to gain access and a copy!

This URL is access to a privacy rights orgnization

http://www.privacyrights.org/fs/fs8-med.htm#E

and lastly the government website

http://www.hhs.gov/ocr/privacy/index.html

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Comment by Judy on August 11, 2009 at 5:53pm
Use caution when visiting health-related web sites and when participating in online discussion groups.

Carefully read the privacy policies and terms of services of medical web sites.Do not fill out registration forms unless you are satisfied with the web operator's privacy policy.

Use a pseudonym when participating in chat rooms and online forums.

Before sharing personal information with a health web site, find out if it participates in a web seal program such as TRUSTe, www.truste.org, URAC Health Web Site Accreditation, http://webapps.urac.org/websiteaccreditation/default.htm, HON (Health on the Net), www.hon.ch, and BBBOnline, www.bbbonline.org.

Remember, companies can change their privacy policies at any time. And if the company goes bankrupt, its data base of user information could be sold to the highest bidder.
Comment by Judy on August 11, 2009 at 5:48pm
IntelliScript and MedPoint are databases that report prescription drug purchase histories to insurance companies. Like the MIB reports, IntelliScript and MedPoint reports are used primarily when consumers are seeking private health, life or disability insurance. Prescription drug databases can go back as far as five years, detailing drugs used as well as dosage and refills.

With a history of prescription drugs in hand, insurers may make assumptions about medical conditions and assess the risk of writing an insurance policy. Information in an IntelliScript or MedPoint report may prompt an insurer to deny coverage for certain conditions, increase insurance premiums, or deny coverage altogether. Such adverse actions by insurance companies trigger a sequence of consumer rights under the Fair Credit Reporting Act (FCRA).

Until recently, use of prescription drug databases was unknown to consumers. Insurers' use of these databases first came to light in 2007 when the Federal Trade Commission (FTC) sued Milliman, the owner of the IntelliScript database, and Ingenix, Inc., owner of the MedPoint database.

The FTC claimed that the companies are consumer reporting agencies subject to the FCRA. Both cases were settled without the data brokers paying a monetary penalty, but Milliman and Ingenix agreed to follow the FCRA. This means, among other things, that consumers who apply for private insurance and are turned down because of something in an IntelliScript or MedPoint report are entitled to a copy of the report from their insurance company and an opportunity to dispute the accuracy of information in the report.

Individuals who have applied for individual health, life or disability insurance may also request a copy of any prescription report directly from MedPoint or IntelliScript. Reports are available once a year whether or not there has been an adverse decision by an insurance company.

You can request a copy of your MedPoint report by calling (888) 206-0335 or writing to: MedPoint Compliance, Ingenix, Inc., 2525 Lake Park Blvd, West Valley City Utah 84120. Additional contact information can be found at www.ingenix.com/ContactUs/

IntelliScript reports are available by calling the toll-free request line at (877) 211-4816. Consumers will have to provide their full name, date of birth, last four digits of their Social Security number and current zip code. Milliman will provide a copy of any information the company has on an individual as well as the names of insurance companies that have requested a prescription history. The company's Web site includes information about the product as well as additional contact information. www.rxhistories.com/how_it_works.html

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