For the last 7 years of my father's life we had access to all medical test results, diagnosis, appointments and notes of office visits online. This is in California. All medical information was available, including communications. I'm not sure how this fits into all these comments on it being illegal to use electronic communication for medical info.
Scanning and Sending Medical Records Through Emails--Circuit Overseer Letter!
by Atlantis 19 Replies latest jw friends
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Wasanelder Once
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JeffT
Wasanelder: If that was before 1996 I'm not sure what the law was. HIPAA became law in that year. Under HIPAA the docs would have had to have either your father's signature on a form to release information to you, or a HIPAA release as part of a Health Care Power of Attorney in his will.
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I believe in overlapping
The person having medial information on anyone must have written consent to have that information for himself and himself ONLY. If he violates HIPAA law by sharing that information with anyone else, both go to prison for at least one year. This USA law only that I know of.
http://www.biometricsdirect.com/Biometrics/laws/HIPAA/hipaaviolations.htm
violation of HIPAA regulations. Such persons are subject to the following penalties:
- a fine of up to $50,000, or up to 1 year in prison, or both; (Class 6 Felony)
- if the offense is committed under false pretenses, a fine of up to $100,000, up to 5 years in prison, or both; (Class 5 Felony)
- if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, a fine up to $250,000, or up to 10 years in prison, or both. (Class 4 Felony)
- HIPAA also provide for civil fines to be imposed by the Secretary of DHHS "on any person" who violates a provision of it. The maximum is $100 for each violation, with the total amount not to exceed $25,0000 for all violations of an identical requirement or prohibition during a calendar year. (Class 3 Felony)
HIPAA is a FEDERAL LAW and offenses will be tried in FEDERAL COURT. In the United States Federal Law, a felony is a crime punishable by one or more years of imprisonment, and the penalties for HIPAA violations are FELONIES.- This means that you can lose your RIGHTS to the following if you are convicted of any of these offenses. The right to vote is taken away, as is the opportunity to run for office and serve in the military, and the ability to own or use a firearm. A felon's driver's license may be revoked or suspended; employers have the right to inquire about any felony convictions, and may require insurance coverage before hiring anyone with prior history as a felon.
- Many insurance companies will not insure convicted felons, therefore making it difficult for many to obtain jobs..
- Theoretically, federal law allows persons convicted of felonies in a federal United States district court to apply to have their record expunged after a certain period of time with a clean record. However, the U.S. Congress has refused to fund the federal agency mandated with handling the applications of convicted felons to have their record expunged.
This means that, in practice, federal felons cannot have their records expunged. The person responsible for the leak of the data is the one that will be tried. Don't take a chance - SECURE that DATA and your NETWORK
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Wasanelder Once
JeffT, my father died in Dec 17 and the Doctor/Care providers still have this arrangement for communication and records. You need a login, password etc. but its still all electronic. It's Sutter North of California. I know of HIPAA but this exists. Of course its not available to just anyone as you need an account and a password. The question was "Is it illegal to email medical records" hence my answer, not if permission is granted. (in California apparently.) Of course some Doctors may not have the service available.
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Anders Andersen
The question was "Is it illegal to email medical records" hence my answer, not if permission is granted. (in California apparently.)
That depends on jurisdiction, reason, what email, subject approval etc.
Generally it can be said that keeping electronic records and/or sharing records electronically (whether by email or otherwise) isn't illegal in and by itself. However, the way Watchtower representatives handle sensitive data such as ADD is very much illegal in many jurisdictions (at least all of Europe). Not necessarily because they share (which may be legal if the subject approved such sharing after he was fully informed) but because they don't keep the data safe, they have no policy on data retention/destruction, they have no way of knowing where the data goes or not, and Watchtower denies responsibility for data the elders keep for their Watchtower duties.
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ShirleyW
For the last 7 years of my father's life we had access to all medical test results, diagnosis, appointments and notes of office visits online. This is in California.
Same in New York, every time I have tests done I always get the results online, even after the Dr. looks at X-rays she sends her findings to me via email, all within just 24 hours most of the time.
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DesirousOfChange
Do the medical records come via email (as with an attachment that is unsecured) or do you receive an email that transfers you to their secure site that allows you to access your records (only after you have entered secure passowords or something to identify you).
BIG DIFFERENCE
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ShirleyW
In my case I get an email from Advantage Care which says you have test results and I have to go to their website and log on and get results or msg from the Dr. You can also send your Dr. a msg on their website too
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ZindagiNaMilegiDobaara
Did you all not know that once you join the Jdubs , you lose all your rights, sign off your privacy, give up all your rights ! Come on !
Zing
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Anders Andersen
Did you all not know that once you join the Jdubs , you lose all your rights, sign off your privacy, give up all your rights !
The borg certainly acts as if that were true. Unfortunately for them decent governments disagree.