Overview of Ohio Medical Records Law
The privacy and integrity of patients' medical records are protected by both federal and state laws. One of the most important federal protections is the Health Insurance Portability and Accountability Act. In Ohio, medical records laws allow employees to request medical records from their employer or health care professional. Also, state law requires mandatory reporting of contagious or infectious diseases.
Sharing Medical Records and Providing Authorization
But while Ohio strictly protects the confidentiality of patients' medical records, it is sometimes necessary to share these records with third parties. For instance, you may be making a workers' compensation claim for an on-the-job injury. Your employer does not have enfettered access to your medical records, but will need to verify the validity of your injury claim.
If your healthcare provider releases medical records without proper authorization, they may be held liable for a confidentiality breach. In order to share these records with third parties, the patient must sign a written request indicating exactly where the copy may be sent.
Confidentiality and the Doctor-Patient Privilege
In addition, physicians may not testify in court regarding any communications protected by the physician-patient privilege. The patient may waive this privilege, however, while disclosure of certain communications may be required in some circumstances.
The basics of Ohio medical records laws are highlighted in the following chart. See FindLaw's Patient Rights section for related content.
|Who Has Access to Records?||Employee or designated representative may request records from employer, physician, health care professional, hospital, or lab when they are contracted by employer (§4113.23)|
|What Privileges Apply to Medical Records?||Doctor-patient (§2317-02(B))|
|Mandatory Reporting Requirements||Child abuse (§2151.421); occupational diseases (3701.25); cases of cancer for cancer registry (§3701.262); contagious or infectious diseases (including AIDS) (§3701.24)|
|Patient Consent and Waiver||-|
|Provisions Related to HIV/AIDS||Disclosure of HIV or AIDS-related information subject to §3701.243|
Note: State laws are constantly changing -- contact an Ohio health care attorney or conduct your own legal research to verify the state law(s) you are researching.
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Ohio Medical Records Laws: Related Resources
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