Utah Medical Records Laws

No one likes going to the doctor. And it’s even more of a chore when we have to tell the doctor our entire medical history. It’s much easier if hospitals and doctors have access to our medical records, but with that convenience also comes cause for concern.

While we’d like to think our medical records are safe and secure, we may not know what laws the Beehive State has enacted to protect our personal health information? This is an introduction to medical records laws in Utah.

Medical Records Laws

State and federal medical records laws determine whether doctors may share your medical information without your permission. For the most part, the privacy protection of medical records means your medical records are confidential, and Utah law limits access to medical records to the patient or the patient’s attorney. There are some exceptions to this rule, where doctors are required to report their findings. Utah limits these exceptions to positive tests for HIV and certain other communicable diseases, and in cases of suspected child abuse.

Medical Records Laws in Utah

The table below lists Utah’s medical records statutes.

Who Has Access to Records?

Patient's attorney with patient's written authorization

Utah Code 78B-5-618: Patient Access to Medical Records

What Privileges Apply to Medical Records?

Doctor-patient

Utah Code 78B-1-137: Privileged Communications

Mandatory Reporting Requirements

Suspected child abuse

Utah Code 62A-4a-403: Child Abuse Reporting Requirements;

Communicable and infectious diseases (including HIV and AIDS)

Utah Code 26-6-1, et seq.: Utah Communicable Disease Control Act

Patient Consent and Waiver

-

Insurance Companies

-

Provisions Related to HIV/AIDS

All reports regarding communicable diseases are confidential. May only be disclosed to authorized healthcare workers or researchers.

Utah Code 26-6-27: Confidentiality Exceptions

Our medical records are also kept confidential under the federal Health Insurance Portability and Accountability Act (HIPAA), which 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).

Related Resources for Utah Medical Records Laws

State and federal medical records laws can be convoluted, and as seen above, have their exceptions. If you would like legal assistance regarding a health care matter, you can consult with a Utah health care attorney. You can also find additional articles and information, including what you should do if you learn your medical records have improperly disclosed, by visiting FindLaw’s section on Health Care.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.