Obtaining Medical Information
Prior to a diagnosis of mesothelioma, or a decision on whether or not to pursue legal action, patients will almost always be required to provide copies of their medical records to doctors and
asbestos attorneys for reference and legal consultation. While getting a copy of one’s medical records is not difficult, there are details to the process that mesothelioma patients and their families may not be aware of.
According to the U.S. Department of Health and Human Services, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) established a set of standards for medical information that required health care providers, health plans, and health care clearinghouses to adopt national standards regarding medical information.
Among the terms in the act, permanent holders of medical data are allowed to release it to the individual that the information is concerning if it is requested. Medical information may also be released by a covered entity for treatment by a health care provider, or for the “payment activities” and “health care operations” of another covered entity without a need to obtain authorization by the individual.
However, information that is not for use concerning the aforementioned reasons - excluding certain limited circumstances that include situations in which the individual is incapacitated - may not be released by a covered entity unless it receives written authorization from the individual.
It is also important to note that most state laws that run contrary to the HIPAA Privacy Rule are pre-empted by the federal requirements and cannot be used as a means to access medical data without authorization.
Medical records may be kept in either paper or electronic form, and can be stored at most types of medical offices. If the records are in paper form, the individual may be responsible for any copy or mailing fees that are applicable.
In order to pursue any type of legal action against a former employer following the diagnosis of
lung cancer, mesothelioma, or
asbestosis, having full and complete medical records for a patient is required before any work towards a potential
mesothelioma settlement can get underway.