Friends and
Relatives Can Get Your Medical Records, Too
Eleanor Madison is getting older and she’s
worried. Her husband died back in the 1980s.
They never had children. She wonders who will
help her if she should get sick.
She does have a niece who may pitch in. “But,”
Eleanor told me, “I know my doctors won’t talk
to my niece. They won’t give her copies of my
records. My friends tell me their own children
have trouble getting their parents’ doctors to
even talk to them!”
Eleanor’s right. It can be very difficult to get
doctors to talk to anyone but their patients, or
to provide copies of medical records, no matter
who is asking. Here’s an explanation and a
solution, too.
The laws which cover access to personal medical
information and medical records, called HIPAA
(Health Information Portability Accountability
Act), are complicated and confusing. They leave
huge questions in most doctors’ minds about who
may, or may not, have information access.
Doctors do understand the costly fines that may
be levied against them for violating HIPAA laws.
Therefore, many doctors will simply refuse
records or information access to anyone but
their patients or patients’ spouses. Some even
refuse spouses, too.
However, HIPAA laws do give us patients the
right to designate a “proxy,” someone who has
our permission to access our medical information
and records and help us make our medical
decisions.
Assigning your proxy’s permission should be
fairly simple. Here’s how:
Ask your doctor for a copy of her healthcare
proxy form. Fill out the form but don’t sign it
at first. Instead, make several copies: one for
each of your doctors, the person you are giving
permission to, for yourself, and maybe a few
extras in case they are needed someday. Then get
original signatures on each.
Take a signed copy to each of your doctors and
ask that it be put in your file. When it’s time
for your proxy to step in, your doctor will
already have that signed form indicating your
permission has been granted to gain access to
your information. If there are any questions,
your proxy will have his or her own copy of the
identical form.
Now is the time to get your proxy forms signed
and filed at your doctors’ offices -- before you
experience a major medical problem when your
consent could be questioned.
Eleanor tells me those forms have given her
peace of mind.
Learn more about healthcare proxies and
additional advance directives (end of life
care documents.)
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Trisha Torrey is Every Patient’s
AdvocateTM.
She offers no medical advice,
but empowers those who
want to learn more about
diagnosis and treatment options
by
providing useful tools and
resources.
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