Health Clubs with 500+ Members Must Have AED

In my last blog, I talked about the Health Insurance Portability and Accountability Act of 1996 (HIPAA) that gives you rights over your health information. With a few exceptions, you have the right to inspect, review and get a copy of your medical records and billing records.

Of course, you have the right to look at your own medical information. Yet, who else is allowed to look at your medical history? Generally, no one is allowed to look at your health information without your permission.  However, there are some exceptions where, by law, your medical information may be used and shared for specific reasons. For example, your health information may be used for reporting as required by state or federal law. There are federal and state laws that require reporting when the flu is in your area for instance. In many cases, you may be entitled to know who has looked at your health information.

Fortunately, these exceptions are limited. Generally, your health information cannot be seen or used without your permission. Your doctor may not give your health information to marketing and advertising agencies without your prior written permission for example. In addition, family members cannot obtain information about their relative without the patient’s consent. Similarly, under the New York State Mental Hygiene Law, a patient’s consent is generally needed before disclosures to family members can be made.

However, it should be noted that HIPPA does not prevent your employer from requesting information about your health if your employer needs the information to administer workers’ compensation, health insurance or sick leave. Nonetheless, your health provider may not give your employer your health information directly without your permission. If you believe your HIPPA rights are being violated, you should contact an attorney to protect your rights.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001.  Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability.  Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America.  Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association.  Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.

Yes! The Health Insurance Portability and Accountability Act of 1996 (HIPAA) gives you rights over your health information. With a few exceptions, you have the right to inspect, review and get a copy of your medical records and billing records. If you would like a copy of your medical records, you may have to put your request in writing and pay the cost of copying. Pursuant to the New York Public Health Law, a provider may impose a reasonable charge to make a copy of your medical records, but it may not exceed 0.75 cents per page. In addition, a provider may not deny you a copy of your records because you have not paid for the medical services.

It is important that you review your medical records and make sure the information is accurate. If you believe there has been a mistake, you can request that the health care provider or health plan amend the record. The health care provider or health plan must respond to your request. If there has been an error, the record must be amended. If the health care provider or health plan does not agree there has been a mistake, you still have the right to have your disagreement noted in the file. The record should be updated within 60 days in most cases.

Health information is private and should be protected. In my next blog, I will talk about federal and state laws that protect who may look and receive your health information.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001.  Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability.  Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America.  Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association.  Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.