While state laws may vary, the general rule is that treatment records kept by the therapist or counselor in the ordinary course of his or her practice are owned by or belong to the therapist or counselor, not the patient. The patient usually has certain prescribed rights to inspect, copy or amend/addend the records under state law.
Who owns your patient records?
The bottom-line to patient records, either paper or electronic, is this: The patient owns the data, so it cannot be shared indiscriminately In New Hampshire, the patient owns the actual record In 20 states, the provider or facility owns the record
Who owns the medical record in New Hampshire?
In New Hampshire, the patient owns the actual record In 20 states, the provider or facility owns the record In the remaining states, it is not abundantly clear who owns the physical record, but the opinion of the larger group is the provider or the facility Does the practice or the provider own the record should the provider retire?
Who has a stake in the medical record?
However, medical practitioners also have a huge stake in the record, because it documents what treatments were ordered and provided, and what tests were given, reviewed, and used in order to make a diagnosis or rule out a potential issue.
Who owns the data in a health care system?
However, once that information is captured and documented in written or electronic form (e.g., paper chart or electronic data file), and since the health care provider owns the media in which the information is recorded and stored, the health care provider gains the property right of possession of data.
Who owns the patient data?
Through the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, patient data are protected, and patients have privacy and security around the information. This means that patients must give health care organizations permission to share their data with other health care organizations.
Who owns the medical record and which parts do they own?
Who Owns Medical Records: 50 State ComparisonStateMedical Record Ownership LawsAlaskaHospital and/or physician owns medical recordArizonaNo law identified conferring specific ownership or property right to medical recordArkansasNo law identified conferring specific ownership or property right to medical record48 more rows•Aug 20, 2015
Who owns the record patient or hospital?
Although the medical record contains patient information, the physical documents belong to the physician. Indeed, the medical record is a tool created by the physician to support patient care and is an asset of the practice.
Who owns the medical record patient or hospital?
There are 21 states in which the law states that medical records are the property of the hospital or physician. The HIPAA Privacy Rule makes it very clear that, with few exceptions, patients should be given access to their records, in a timely matter, and at a reasonable cost.
How many states have ruled that the medical record belongs to the provider or the facility that originated the record?
However, as the graphic above shows, twenty states have definitively ruled that the medical record belongs to the provider or the facility that originated the record. The other states go back to the Federal ruling and HIPAA guidelines.
What is medical record?
The documentation of a patient’s medical history and care is known as a Medical Record and can be in either a paper or electronic form. They are also referred to as medical charts or health records.
Does a patient have to have a copy of their medical record?
Per HIPAA, the patient must be given copies of their medical record upon request, however, the patient can be charged a reasonable fee to produce this copy. The last state, New Hampshire, has ruled that the patient owns the medical record. In the article, Medical Records Policy, it is stated that, “The media containing the information ...
Is a medical record considered legal?
Due to the personal nature of the information in the Medical Record, there are issues of privacy and security as well as access, accuracy, storage, and disposal of these documents. These records are considered legal documents are covered by the laws of the state and then the country where they are created. The chart below shows whether your state ...
Does HIPAA state who owns the records?
The chart below shows whether your state has their own laws, or if your state will fall under federal guidelines, which do not empirically state who owns the record. HIPAA states that the patient owns their own information, with very few exceptions, and they have the right to receive a copy of the information.
Who owns the treatment records?
While state laws may vary, the general rule is that treatment records kept by the therapist or counselor in the ordinary course of his or her practice are owned by or belong to the therapist or counselor, not the patient. The patient usually has certain prescribed rights to inspect, copy or amend/addend the records under state law.
Why do you need a copy of your therapy records?
The records belong to the agency where treatment was being rendered, and the departing therapist and the patient would be expected to request a copy of the records in order to assure continuity of care and appropriate treatment. If the agency balks, they could be setting themselves up for difficulties and liability.
Can a therapist take records of a patient who is leaving the agency?
If the patient were to decide to leave the prior place of treatment and to follow the departing therapist to a new location, the therapist who is leaving the agency may think that he or she has a right to take the original records with him/her. This is typically not so.
What happens to the health care provider once the information is captured and documented?
However, once that information is captured and documented in written or electronic form (e.g., paper chart or electronic data file), and since the health care provider owns the media in which the information is recorded and stored, the health care provider gains the property right of possession of data. In essence, the health care provider becomes ...
Which state gives patients access to their health records?
New Hampshire is the only state that explicitly gives patients ownership of their health data, and most states don't have any law delineating the custody of records. However, today most systems provide patients access to information through a web portal.
What does it mean to download a copy of your medical records?
Meaning, once you download a copy of your medical records, that copy is yours. You can do whatever you want with it even though the health care provider remains the legal custodian of your health records and is required to comply with specific regulations relating to possession and protection of your health data.
How many doctors use EHRs?
It was not that long ago that nine out of ten U.S. doctors stored their patients' records in color-coded files and updated them by hand. Now, approximately 85% of nationwide office-based physicians are using electronic health records (EHRs).
Who is the legal custodian of health records?
In essence, the health care provider becomes the legal custodian of your health care record and is given specific legal rights and duties relating to possession and protection of that health record.
Is health care a multibillion dollar market?
In fact, it is a multibillion-dollar market, but you are not getting a dime. Your physical health records belong to your health care provider, but the information in it belongs to you. Having ownership and control over that information helps you ensure that your personal medical records are correct and complete.
Who is the CEO of Health Wizz?
Raj Sharma. Co-founder and CEO of Health Wizz, a secure mobile platform for consumers to aggregate, organize and share health records over blockchain. It was not that long ago that nine out of ten U.S. doctors stored their patients' records in color-coded files and updated them by hand.
