Can You Ask Your Doctor to Destroy or Hide Your Medical Records?
Medical records are important documents that help healthcare providers understand and treat your condition. However, what happens if you want your records destroyed or hidden? This article explores the legal and practical aspects of this request.
Legal Consequences
Doctors and medical facilities are required to retain medical records for a specific period of time to comply with legal and ethical standards. If a doctor destroys or alters these records, they could face severe legal consequences, including voiding their medical malpractice insurance.
Opt-Out Options for Electronic Record Sharing
While you cannot typically ask your doctor to destroy or hide your medical records, you may be able to opt out of electronic sharing of your records. Care Everywhere, also known as a Health Information Exchange (HIE), might be involved in sharing your records. You can find out more about opting in or out of HIEs in your state and request that your doctor explain their policies.
Understanding HIPAA
In the United States, the Health Insurance Portability and Accountability Act (HIPAA) mandates that medical records be retained for at least six years from the date of creation or the date of the last treatment. However, you do have rights regarding your medical records. These include:
Access: You can request copies of your medical records. Amendments: If you believe there is incorrect information in your records, you can request an amendment. Confidentiality: You can ask for your records to be kept confidential and shared only with specific individuals or organizations.It is always best to discuss any concerns about privacy or sensitive information with your healthcare provider. They can explain their policies and the legal requirements regarding record retention and privacy.
Historical Context
Not every medical record destruction is illegal or harmful. In the past, protecting vulnerable individuals was a priority. For example, years ago, if a person was diagnosed with autism, sharing this information could lead to severe consequences, such as expulsion from school or even being sent to an "insane asylum." Doctors, to protect their patients, would sometimes destroy such records.
One such historic case involved the author's experience. They were diagnosed with autism and, at the time, a diagnosis could lead to severe repercussions. To protect their patient, the doctor shredded the diagnosis record after sharing it.
It's worth noting that, according to HHS.gov, HIPAA does not require holding records, but state laws might. If you need to check specific regulations, you would have to look up the laws in your state.