Legal Question in Health Care Law in Kentucky
Release of medical records
My boss obtained my medical records from an outpatient surgery I had. I never signed any kind of release to authorize this. The reason that she requested these records was to be sure that I actually had surgery and was telling the truth. I gave her a return to work order from the hospital signed by the doctor before she obtained my records. Is there anything I can do to report this incident to the proper officials?
1 Answer from Attorneys
Re: Release of medical records
There may be violations of both Federal and Kentucky laws under the scenario you described. I understand that you say you signed no release, however, I recommend that you obtain a complete copy of your own medical records from the outpatient provider to see if there is any paperwork there related to the release of info to your boss. I am cutting & pasting a copy of the relevant statute below. Also, if there are any written policies at your workplace relating to sick leave, you should carefully review those as well.422.317 Copy of patient's medical record to be supplied on patient's written
request -- Exception for Department of Corrections.
(1) Upon a patient's written request, a hospital licensed under KRS Chapter 216B or
a health care provider shall provide, without charge to the patient, a copy of the
patient's medical record. A copying fee, not to exceed one dollar ($1) per page,
may be charged by the health care provider for furnishing a second copy of the
patient's medical record upon request either by the patient or the patient's
attorney or the patient's authorized representative.
(2) [not applicable]