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Mississippi Medical Records Laws

When we go to doctors and hospitals for medical care, we trust them with very private and personal information regarding our condition and medical history. And normally we do so without considering whether there are regulations regarding how our medical information is stored and shared.

We generally assume our medical records are safe and secure, but what exactly are the Magnolia State laws that apply to doctors and hospitals sharing our personal health information? Here is a brief overview of medical records laws in Mississippi.

Medical Records Laws

The privacy protection of medical records is restricted under both federal and state medical records laws, which determine whether doctors may share your medical information without your permission. For the most part, our medical records are confidential, and Mississippi law limits access to medical records to the patient. There are, however, some exceptions, like positive HIV tests, certain communicable diseases, and when a review board wants to evaluate the quality of a doctor’s care.

Medical Records Laws in Mississippi

Mississippi’s medical records statutes are listed in the table below.

Who Has Access to Records?

Medical or dental review committee for evaluation of quality of care; patient's identity not divulged

Mississippi Code 41-63-1, and 3

What Privileges Apply to Medical Records?

Physician, dentist, nurse, pharmacist and patient

Mississippi Code 13-1-21

Mandatory Reporting Requirements

Licensing boards may establish reporting requirements for Hepatitis B virus and HIV

Mississippi Code 41-34-1, et seq.

Patient Consent and Waiver

Patient waiver of doctor's privilege implied to comply with state and local health departments and for information regarding communicable diseases

Mississippi Code 13-1-21

Insurance Companies

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Provisions Related to HIV/AIDS

Convicted sex offenders shall be tested for HIV; results reported to victims and spouses

Mississippi Code 99-19-203

The federal Health Insurance Portability and Accountability Act (HIPAA) also protects the confidentiality of our medical records. HIPAA requires doctors and their staff to keep medical records confidential, unless:

  • You need emergency treatment;
  • You introduce your health or injuries in a court case; or
  • The government requires specific reporting (mostly for births, deaths, and communicable diseases).

Mississippi Medical Records Laws: Related Resources

State medical records laws can be complicated. You can consult with a Mississippi health care attorney if you would like legal assistance regarding a health care matter. You can also find more resources and information on this topic, including what you should do if you learn your medical records have improperly disclosed, by visiting FindLaw’s section on Health Care.

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