Medical Malpractice

I need the answer for this question. What law protects medical records?

Is the answer common law, statutory law, or equity?

Public Comments

1. statutes
2. HIPAA
3. Statutory Law. On a Federal level, to be precise, the Health Insurance Portability and Accountability Act. Most States have their own laws as well, which may be more restrictive. Richard
4. Federal
5. HIPPA protects your rights as a patient and has instituted strict rules in allowing others to view your records.
6. I would say Common Law. Since Congress has clearly mandated that HIPAA "shall supersede any contrary provision of state law," there is no option for abiding by only state law instead of HIPAA. 42 U.S.C. § 1320d-7(a)(1) (implemented at 45 C.F.R. § 160.203). Where your state's protections for PHI are less stringent than HIPAA, your state's laws are contrary to HIPAA - it would be impossible to release the PHI under the state law without violating HIPAA. Therefore, you should always comply with HIPAA's provisions governing disclosure of PHI in response to a civil subpoena, see 45 C.F.R. 164.512(e), in any type of civil case if your state's protections for PHI are weaker than those offered by HIPAA. This applies in suits brought under either state or Federal law.