Medical records are considered confidential and strictly protected by both federal and state laws. Generally speaking, medical records may not be shared with anyone other than the patient, the patient's parents (if the patient is a minor), and medical personnel. Even when statistical information about HIV or other communicable infections is collected, such information may not include any personally identifying information (such as names or Social Security numbers).
Medical Records and Privacy in Alaska: Basics
The state of Alaska restricts access to medical records to the patient, the patient's parents or guardians (if a minor), the Department of Social Services (for financial records), and the Medical Review Organization. The latter two agencies do not have access to personally identifying information. In the event of an emergency, though, records may be shared with EMTs.
Additional details of Alaska's medical records privacy laws are listed in the following chart. See FindLaw's Patient Rights Basics section for related articles.
|Who Has Access to Records?||Parent or guardian (§25.20.130); Dept. of Social Services for financial records of medical assistance beneficiaries (§47.07.074); Patient (§18.23.005); Medical Review Organization (§18.23.010 et seq.)|
|What Privileges Apply to Medical Records?||In the case of emergency medical services, records of those treated may be disclosed to EMTs for emergency purposes (§18.08.087)|
|Mandatory Reporting Requirements||Physicians must report tuberculosis cases to state medical officer (§18.15.131)|
|Patient Consent and Waiver||Mental health records may be disclosed only with patient or an individual to whom the patient has given written consent to have information disclosed (§47.30.845(2))|
|Provisions Related to HIV/AIDS||-|
Note: State laws are always subject to change at any time through a number of ways, including the enactment of new legislation and decisions from higher courts. While we strive to ensure the accuracy of these pages, you also may want to contact an Alaska health care attorney or conduct your own legal research to verify the state law(s) you are researching.
Medical Privacy Under Federal Law
The federal Health Insurance Portability and Accountability Act (HIPAA) created nationwide standards for the privacy protection of electronically stored medical information. The U.S. Department of Health and Human Services (HHS) also enacted a requirement that medical professionals keep any individually identifiable information, such as Social Security numbers, confidential.
Research the Law
Alaska Medical Records Laws: Related Resources
Contact a qualified attorney.