Records

FAQ on Government Access to Medical Records

Answers to Frequently Asked Questions about Government Access to Personal Medical Information

(under the USA Patriot Act and the HIPAA regulations)

 

Introduction

If you have visited a doctor’s office, hospital or pharmacy over the past few months, you may have received a notice telling you that your medical records may be turned over to the government for law enforcement or intelligence purposes.[i] More often than not, these notices contain ominous language like:

National Security and Intelligence Activities Or Protective Services. We may disclose your health information to authorized federal officials who are conducting national security and intelligence activities or providing protective services to the President or other important officials.”[ii] 

These notices have heightened the growing public concern over the privacy of medical records and made it plain that the recent “Medical Privacy” rules – enacted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) – offer patients

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