Health records privacy between doctors

[Anonymous]

I agree, op. I dont like it

[Anonymous]

I posted about this recently if you search. There are various reasons a patient doesn’t want another provider to see the records that don’t involve drug seeking.

In my case, I was “cheating” on my derm with another derm who I thought would be better for cosmetic issues. The first derm though has access to my prescription info so could see that I was prescribed a topical skin med and who prescribed it. She’s a little prickly and it was awkward.

In other cases, I might want a second opinion on an issue. I think the docs can see the records if they are in the same system, like Privia, although I’m not sure, although certainly can for something like inova MyChart.

[Anonymous]

You need to read the Notice of Privacy Practices. Do they share with regional health information exchange? If so other members of your treatment team can see your records and it’s ok under HIPAA treatment payment and operations sharing. If both providers are part of the same entity they can both see records too. The exception might be behavioral health if they restrict sharing of certain records.

[Anonymous]

See:
https://www.ama-assn.org/practice-management/hipaa/sharing-health-data-hipaa-may-allow-more-freedom-you-think

[Anonymous]

Would they be able to access them, theoretically? Probably. Would they be allowed to, according to HIPAA, if you did not sign a form allowing them to share records with other providers? No. And regardless, sharing of records from, say, an OB to an Ophthalmologist would only happen if the ophthalmologist had a medical reason to need to see the notes, even if you technically signed that you were ok with it. If your eye doctor is reading about your C section 12 years ago just for fun , that’s not allowed.

[Anonymous]

Anonymous wrote:Would they be able to access them, theoretically? Probably. Would they be allowed to, according to HIPAA, if you did not sign a form allowing them to share records with other providers? No. And regardless, sharing of records from, say, an OB to an Ophthalmologist would only happen if the ophthalmologist had a medical reason to need to see the notes, even if you technically signed that you were ok with it. If your eye doctor is reading about your C section 12 years ago just for fun , that’s not allowed.

HIPAA doesn't require consent for sharing between providers.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Would they be able to access them, theoretically? Probably. Would they be allowed to, according to HIPAA, if you did not sign a form allowing them to share records with other providers? No. And regardless, sharing of records from, say, an OB to an Ophthalmologist would only happen if the ophthalmologist had a medical reason to need to see the notes, even if you technically signed that you were ok with it. If your eye doctor is reading about your C section 12 years ago just for fun , that’s not allowed.

HIPAA doesn't require consent for sharing between providers.

Even if it did require it how would they know if a dentist was reading ob-Gyn details of a patient? The thought of open access like that is unnerving. Plus most of us just sign the HIPPA paperwork without fully knowing what it all covers.

Specific to my immediate concern, I know my family member read my file because of a comment slip and I don’t want to provide the opportunity to breach again with new dr office. Info could just be pulled up by a name search?

[Anonymous]

I agree, OP.

Despite all the "privacy" protections supposedly in place, these databases are WIDE open for abuse.

When did I ever say it was okay to have my private information made available to any physician, or his/her assistant, or receptionist, to peruse and perhaps share with an enemy (such as the stalker who harassed and bullied me for years). Don't tell me it doesn't happen. Of course it does.

I would have *never* given my okay for this information to be shared on a platform where any nosy person who wants to look at it can look at it. When did i I say it was okay to set up my information on one of these databases?!

Would someone please explain how this is even legal, given our privacy laws?

[Anonymous]

Anonymous wrote:I agree, OP.

Despite all the "privacy" protections supposedly in place, these databases are WIDE open for abuse.

When did I ever say it was okay to have my private information made available to any physician, or his/her assistant, or receptionist, to peruse and perhaps share with an enemy (such as the stalker who harassed and bullied me for years). Don't tell me it doesn't happen. Of course it does.

I would have *never* given my okay for this information to be shared on a platform where any nosy person who wants to look at it can look at it. When did i I say it was okay to set up my information on one of these databases?!

Would someone please explain how this is even legal, given our privacy laws?

The US doesn't have much in the way of general privacy laws, and HIPAA errs in favor of making medical records available to providers on the basis that most care about their lives more than their medical privacy.

[Anonymous]

Anonymous wrote:

Anonymous wrote:We can see other providers records if you have given permission for the two systems to “talk“ to each other. My practice uses Epic which is pretty widely used, and there have been situations where it’s been really helpful to be able to see other practice records. But that’s only possible if, the patient has signed consents. And I assure you, nobody has extra time to just be sitting around poking in records that aren’t relevant to what we’re seeing the patient for. Your dentist could not care less about your OB/GYN visit.

Don't you want him to know about your teeth down there?

Cue the vagina dentata

[Anonymous]

Anonymous wrote:I agree, OP.

Despite all the "privacy" protections supposedly in place, these databases are WIDE open for abuse.

When did I ever say it was okay to have my private information made available to any physician, or his/her assistant, or receptionist, to peruse and perhaps share with an enemy (such as the stalker who harassed and bullied me for years). Don't tell me it doesn't happen. Of course it does.

I would have *never* given my okay for this information to be shared on a platform where any nosy person who wants to look at it can look at it. When did i I say it was okay to set up my information on one of these databases?!

Would someone please explain how this is even legal, given our privacy laws?

NP. Sure. Once again, HIPAA never applied to providers sharing information about ongoing care. You did not have to sign away that right -- it was never recognized legally anyway.

Question: Does the HIPAA Privacy Rule permit a doctor, laboratory, or other health care provider to share patient health information for treatment purposes by fax, e-mail, or over the phone?

Answer: Yes. The Privacy Rule allows covered health care providers to share protected health information for treatment purposes without patient authorization, as long as they use reasonable safeguards when doing so. These treatment communications may occur orally or in writing, by phone, fax, e-mail, or otherwise.

https://www.hhs.gov/hipaa/for-professionals/faq/482/does-hipaa-permit-a-doctor-to-share-patient-information-for-treatment-over-the-phone/index.html

[Anonymous]

The phrase “for treatment purposes” is key there but access seems to go beyond that.

[Anonymous]

Anonymous wrote:The phrase “for treatment purposes” is key there but access seems to go beyond that.

Sure. The EHR can't determine what is relevant for treatment purposes, so all of your providers generally have access. The systems log who accesses each record.

[Anonymous]

The fact that EHR allows broader distribution of records has both positives and minuses. One minus is that there can be errors, particularly related to hospitalizations where reports are filed under time pressure and by doctors unfamiliar with the patient. Request your medical records and you may be stunned to read things in the notes which are not accurate. With other providers able to access them, those errors can have ripple effects.

[Anonymous]

Are these related?
Athena health
Advantia
Privia
Epic
NextGen NXGN