Webliography: Legal Aspects of Medical Records

Listservs:

"Medical Records on the Net." 13 Oct. 1999. Internet Healthcare Coalition. 21 Oct. 2004.

<http://www.informatics-review.com/thoughts/listserv.html>.

This listserv deals with medical records on the net. It includes discussions about privacy, security, and confidentiality.

Love, James. "Med-privacy." 9 July 1999. Consumer Project on Technologies. 4 Nov. 2004.
<http://lists.essential.org/mailman/listinfo/med-privacy>.

This listserv deals with medical privacy, including discussions on access, laws, and the migration to the EHR (Electronic Health Record).

PCC library online magazine articles:

Hershey, Nathan. "Distinguishing Warrants from Subpoenas." May 2004. PCC Online magazine database, Legal Collection. Hospital Law Newsletter. 19 Nov. 2004.
<http://0-search.epnet.com.library.syi.pcc.edu:80/login.aspx?direct=true&AuthType=cookie,ip,url,uid&db=lgh&an=12937941>.

Please note: the above link is not always a reliable means to get to the article, even though it is listed as the “persistent link to this record” in the article’s abstract within EBSCOhost. The following is an alternative (and quite slow!) method to reach the article:

1) Click on this link to get to the login screen: http://0-search.epnet.com.library.syi.pcc.edu/login.asp?profile=web

2) Enter your last name and library barcode, then click the “Go to database” button.

3) Clear the checkmark in front of the “MasterFILE Premier” database.

4) Put a checkmark in front of the “Legal Collection” database.

5) Click the “Continue” button.

6) In the “Find:” field, enter “AN 12937941” and click the “Search” button.

7) Click on “PDF Full Text” to view the article.

This article discusses the ACLU (American Civil Liberties Union) viewpoints on the important differences between warrants and subpoenas when it comes to obtaining medical records. It mentions how the ACLU supports the challenge of Rush Limbaugh to the use of a search warrant to obtain his records in a recent case brought against him. (See also the article below in the “Online magazines” section.)

Parks, Ann. "Baltimore-based Johns Hopkins Hospital faces lawsuit for causing brain damage, lost medical records." 25 Oct. 2004. PCC Online magazine database, Legal Collection. The Daily Record. 19 Nov. 2004.
<http://0-search.epnet.com.library.syi.pcc.edu:80/login.aspx?direct=true&AuthType=cookie,ip,url,uid&db=lgh&an=L54101225DRMD>.

1) Click on this link to get to the login screen: http://0-search.epnet.com.library.syi.pcc.edu/login.asp?profile=web

2) Enter your last name and library barcode, then click the “Go to database” button.

3) Clear the checkmark in front of the “MasterFILE Premier” database.

4) Put a checkmark in front of the “Legal Collection” database.

5) Click the “Continue” button.

6) In the “Find:” field, enter “AN L54101225DRMD” and click the “Search” button.

7) Click on “HTML Full Text” to view the article.

This article talks about a case where the parents of a 9-year-old girl are suing the hospital where the girl died as a result of complications after brain surgery. The implication is that the hospital conveniently “lost” the girl’s entire medical record to avoid the malpractice suit.

Online magazines:

Amatayakul, Margret. "Practice Brief: Definition of the Health Record for Legal Purposes." Sept. 2001. Journal of AHIMA. 11 Nov. 2004.
<http://library.ahima.org/xpedio/groups/public/documents/ahima/pub_bok1_009223.html>.

This article from the AHIMA provides an assessment tool for HIM professionals in describing exactly what comprises a complete, legal health record. Movement towards the EMR (Electronic Medical Record) is also considered.

Christensen, Dan. "Limbaugh, ACLU to Fight Medical Records Ruling." 7 Oct. 2004. Miami Daily Business Review. 4 Nov. 2004.
<http://www.law.com/jsp/article.jsp?id=1097097857869>.

This article talks about the use of an intrusive search warrant, instead of a subpoena, to obtain the medical records of conservative radio talk show host Rush Limbaugh. Reportedly, he illegally purchased hundreds of thousands of dollars worth of pain pills for his ailing back. The suspicion is that he went to several different doctors over a span of five months last fall to obtain the pain pill prescriptions. The ACLU backs up Limbaugh’s objection.

Clark, Karen and Patricia Iyer, Barbara Levin, Mary Ann Shea. “Unlocking Medical Records”. 22 Oct. 2004. Legal Assistant Today. 5 Dec. 2004.

<http://www.legalassistanttoday.com/issue_archive/feature2_ja04.htm>

This article provides information from the paralegal profession’s point of view for dealing with medical records. In particular, it helps answer questions about what records may be needed, when-where-how to obtain them, and how to analyze/organize them.

Online news sources (newspapers, news channels, etc.):

Dorf, Michael C. "An interesting perspective on privacy rights - A federal appeals court bars release of late-term abortion records." 31 Mar. 2004. CNN.com. 11 Nov. 2004.

<http://www.cnn.com/2004/LAW/03/31/dorf.privacy>.

This recent news story presents an interesting take on privacy rights. The Attorney General John Ashcroft recently sought to obtain the late-term abortion medical records of 45 patients, contending that there were no privacy concerns because he sought the records without patient identification. But, a federal appeals court barred their release stating that the Justice Department in not entitled to the records, even if the patients identifying information is removed.

Langlie, Emily. "Seattle area man gets prison time in first ever HIPAA violation conviction." 5 Nov. 2004. US Dept. of Justice Press Room. 12 Nov. 2004.
<http://www.usdoj.gov/usao/waw/press_room/2004/nov/gibson.htm>.

This recent news story talks about the very first HIPAA violation conviction against a Seattle man who wrongfully disclosed individually identifiable health information for economic gain.

Sukhtian, Lara. “Arafat’s Widow Retrieves Medical Records”. 19 Nov. 2004. ABC News. 7 Dec. 2004.

<http://abcnews.go.com/International/wireStory?id=267971>.

This is an ongoing news story out of Paris which shows the murkiness of French law when it comes to the handling of the medical records of the deceased. In this case, French law apparently says the Paris hospital (where Yasser Arafat recently died on November 11^th) cannot make his records public. However, they can release it to a family member, who can then reveal information (such as cause of death) if they wish. But how close does this family member have to be? Currently the file is held by the widow, but apparently the nephew has access rights as well. (Note: The name of the author of this article was obtained through Yahoo News where the story was originally viewed after being published by the Associated Press)

“France ‘snub’ over Arafat records”. 16 Nov. 2004. BBC News. 1 Dec. 2004.

<http://news.bbc.co.uk/1/hi/world/middle_east/4014791.stm>.

This is another story related to accessing Arafat’s medical record. In this case it deals with the French government refusing access to Palestinian leaders. Foreign Minister Michel Barnier indicates French law only allows medical records to be released to “family members”, who are then able to pass the file on. Arafat reportedly died from multiple organ failure while in a Paris hospital, but no official reason has yet been given.

Government sites:

“Fact Sheet – The Health Insurance Portability and Accountability Act (HIPAA)”. U.S. Department of Labor. 7 Dec. 2004.
<http://www.dol.gov/ebsa/newsroom/fshipaa.html>.

This site provides an overview of the HIPAA (Health Insurance Portability and Accountability Act of 1996).

Reinberg, Steven. "Privacy Law Thwarts Medical Research." 31 Mar. 2004. U.S. Department of Health & Human Services, Healthfinder. 25 Nov. 2004.
<http://www.healthfinder.gov/news/newsstory.asp?docid=518177>.

This site provides a story with a point of view from medical researchers, of whom many dislike the HIPAA. They contend that it prevents them from establishing registries of various diseases, due to the “climate of fear” over having medical records disclosed. The researchers argument is that without universal participation, a registry will have skewed results and will be unable to chart actual medical progress against diseases.

FAQ sites:

Goldman, Janlori. "Myths and Facts about the HIPAA Privacy Rule." 22 Sept. 2003. Consumers Coalition for Health Privacy. 11 Nov. 2004.
<http://www.healthprivacy.org/info-url_nocat2303/info-url_nocat_show.htm?doc_id=173435>.

This FAQ presents some common myths regarding the HIPAA rule and the facts about what the law actually says.

"FAQ on Government Access to Medical Records." 30 May 2003. American Civil Liberties Union. 25 Nov. 2004.
<http://www.aclu.org/Privacy/Privacy.cfm?ID=12747&c=27>.

This FAQ provides answers to frequently asked questions about the government’s access to personal medical information, as directed under the USA Patriot Act and the HIPAA regulations.

Search engines used:

Google.

<http://www.google.com>.

Yahoo.

<http://www.yahoo.com>.

Lycos.

<http://www.lycos.com>.

Findlaw.

<http://www.findlaw.com>.

Healthfinder.

<http://www.healthfinder.gov/library/>.

Video link:

Goodman, Amy and Juan Gonzalez. “Democracy Now!” (daily television/radio news program). 13 Feb. 2004. Independent media, non-profit. 20 Nov. 2004.
<http://play.rbn.com/?url=demnow/demnow/demand/2004/feb/128/dn20040213a.rm&proto=rtsp&start=23:24.6>.

This is a link to a video from a daily TV and radio news program called “Democracy Now!” The first 9 minutes of the 35 minute video is what is of interest here. It provides viewpoints about the Justice Department trying to defend a new law passed against partial-birth abortions and accessing patient medical records from six different hospitals.

Additional sites (not explicitly required by the project) follow:

“Legal Documentation Standards”. Sept. 2001. AHIMA. 4 Nov. 2004.

<http://www.ahima.org/infocenter/guidelines/ltcs/5.1.cfm>.

This AHIMA site provides a complete and quite lengthy review of the legal documentation standards for entries in and maintaining the medical record.

“Medical Records Privacy”. Feb. 2004. Privacy Rights Clearinghouse. 2 Nov. 2004.

<http://www.privacyrights.org/fs/fs8-med.htm>.

This site provides insight on the information in medical records that is not covered by the HIPAA Privacy Rule. This information can include financial records, children’s school records, and adult’s employment records. The site also discusses who has access to this information and under what circumstances. It provides links to other sites for more information, even one that discusses its criticisms of the HIPAA Privacy Rule. For convenience, a link to that site is provided below (from the Medical Privacy Coalition).

“The End of Medical Privacy”. Medical Privacy Coalition. 30 Nov. 2004.

<http://www.medicalprivacycoalition.org>

This site presents arguments from the Medical Privacy Coalition against the HIPAA Privacy Rule. The coalition is a national partnership of organizations concerned about the threat to Americans’ fundamental right to protect their medical information.

Doran, M. “What You Need to Know about Medical Records”. Duval County Medical Society and the Florida Medical Association. 5 Dec. 2004.

<http://www.dcmsonline.org/legislative/medicalrecords.htm>

This site provides information on keeping patient medical records from a physician’s point of view. It is specific to Florida state law, but most of the points probably apply to most states.