The question in the title seems to ask for an affirmative answer. However, the truth is that there are two answers and the real one is surprising. At least it was for me.
The “pleaded” answer is, of course, yes. It would be yes if you never let anyone have information about your health and medical conditions. But, in the real world, this is impossible.
The real answer, sadly, is NO. And to add insult to injury, it is real in more ways than one, as you are about to learn.
As I dug through the research material for this article, my eyes widened and my jaw dropped. The number of eyes that could potentially see your full medical history (read the full record) is staggering.
The line starts at the government and runs the gamut down to bill collectors. Yes, you read that right, bill collectors.
Here, with a brief explanation of each, is a list of “eyes” that might see your medical records. I bet a lot of them have already.
1. The most obvious is your doctor, the doctor’s nurse, and the office staff. Most people’s medical records are kept in the doctor’s office.
2. Hospital – If you have ever been hospitalized, you have a set of records at the hospital.
3. Insurance companies – If you’ve ever applied for health, life or disability insurance, those companies have access to your records no matter where they are.
4. The Medical Information Office (MIB) – Most people have never heard of this non-profit organization. However, it is the largest repository of medical records in the free world. Located in Essex, MA, its membership is approximately 750 American and Canadian insurance companies. MIB does not have the same copies as your doctor. Rather, they code it according to certain health conditions. You can get a free copy of your registration by visiting their website: http://www.mib.com/html/request_your_record.html Alternatively, you can call 1-866-692-6901 or for the hearing impaired, – 866-346-3642. By the way, MIB is subject to the Fair Credit Reporting Act (FCRA). It is important to know.
5. Government agencies like Social Security, Veterans Administration, MediCal, Workers’ Compensation, Medicare, etc.
6. Medical Collection Agencies: Pay attention because these agencies may have detailed medical information in their databases. If it doesn’t set you on fire, you don’t have a pulse.
7. Your employer may have asked you to give them access to your medical records. The potential employer has the right to request medical information as part of an employment background check. The employer faces certain restrictions but not many if they authorize access.
8. Believe it or not, your medical records may be subpoenaed for a court case if you are involved in litigation. Those relevant parts of your record can be copied and entered in court. Unless sealed, court documents are public records. This is one of the ways unscrupulous people discover social security numbers.
9. Health Research: Sometimes your medical record is used for health research, and when it does, it may be released to health agencies such as the Centers for Disease Control. Most of the time your name is not part of the record, but it is YOUR record nonetheless.
10. Licensing and accreditation of hospitals or physicians by certain boards or agencies. Again, your identity may or may not be part of the evaluated records. But, once again, it is YOUR record.
11. Direct sellers may receive your health information if you participate in informal health screenings such as cholesterol, blood pressure, and other “free” medical screenings that you may have seen at your local mall.
12. Health-related websites, Usenet newsgroups, and chat rooms may contain your medical information. Of course, it has to be shared, but once it is put on the Internet, it has a magical way of spreading throughout the universe.
13. Survey companies not only use the Internet, but also the mail and the telephone to conduct surveys of medical questions. Many of them are very detailed. If you share your information, it is available for anyone to use.
14. Tenant Screening Services screen prospective tenants for property managers. Its controls are extremely extensive. Although health records are not listed, there is no specific law that prohibits the property manager from requesting this information in addition to everything else.
Note: I have created a special page that addresses health and credit resources at:
http://www.senior2senior.org/healthandcreditresources.html
As I locate accurate resources and websites, I will include them on this page.
You have a kind of guardian angel to help you if you have problems regarding your health records. I say more or less because if you get involved in litigation over your medical records, this source cannot represent you in court.
Each state has an insurance commissioner. He’s your “big brother” in a good way. The National Association of Insurance Commissioners has a website, [http://www.naic.org/state_contacts/sid_websites.htm] which talks about the privacy laws in your state. Visit their site.
Unfortunately, this field is still like the Wild West in terms of legislation and privacy protection and the fact that it is improving is of little consolation to anyone whose privacy has been violated.
If you don’t like the medical scenario as it exists, you may want to speak with your government, state, and federal representative and tell them to take a closer look at reform in this area.
And, because you have read this article, you are better armed than 95% of the American population. Now you can start taking steps to protect your medical privacy.