Medical Record Retention
State laws vary greatly on how long medical professionals have to keep patient's medical records. The minimum time period required is five years, but in some states, it extends to ten. Medical offices, physicians and hospitals often have their own policies regarding record retention, which may mean that they keep records longer than the state-required minimum amount of time. The information regarding individual office policies is on paperwork the patient signed on the first visit. The medical records personnel at any medical office are able to share how long their establishment retains records after a patient dies.
Privacy Policy Change
Under the Freedom of Information Act (FOIA), a patient has all rights to his medical records. After death, this right extends to the patient's spouse, next of kin or executor of his estate. However, expect to go to court to get access to the deceased's medical records. To reduce liability, medical professionals often want a court to determine what records are releasable. The court rules on release of records in regards to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), determining what information to release and what to keep private. The patient's privacy is of utmost importance, so the court can withhold irrelevant information. This change in privacy does not take away from the patient's original confidentiality agreement, which means that medical information release is illegal to anyone but the patient (or executor after death) without prior consent.
Cause of Death
Certain agencies have legal access to medical records depending on the cause of death. Police have the right to medical records in cases of homicide. The medical examiner may require medical records to make a determination of cause of death. The Center for Disease Control (CDC) has access to medical records of individuals who die of infectious disease. In all of the above cases, partial medical record access allows professionals to do their jobs and ensures public safety. Complete medical record disclosure is rare, although in abuse or neglect cases involving children or the elderly, it occurs to determine a pattern over time. Prosecutors use these medical records in court in cases where prosecution establishes a case and needs the records to prosecute the offender. Therefore, the trial process may disclose pertinent information. Trials open to the public run the risk of disclosing personal about the deceased.
Tags: medical records, medical records, access medical, access medical records, information release, medical information