Legal Question in Administrative Law in New York

disclosure of medical test results to spouse

My wife had a pap smear done in her doctors office. She asked me to call the doctor simply to receive the results of the test. His office normally has to call back to give results. She is unable to receive calls at her job, and I was home that day. His nurse/assistant refused to give me the results, saying that she could only give the results of lab tests directly to the patient, not even her husband. Though I tried to reason with her, she stood her ground. Is this correct? She told me it was a state law that results can only be given to patient's directly or their authorized rep. Since my wife never had me fill out a form officially authorizing me as her rep, the nurse refused to simply tell me the results. My wife called the next day and found out the results, and complained directly to the doctor himself, all to no avail. What is the law as it relates to this issue. Thank-you for any answers you may provide


Asked on 6/06/99, 11:53 am

1 Answer from Attorneys
Harold M. Weiner Coles & Weiner, P.C.

Re: disclosure of medical test results to spouse

The doctor's office is 100% correct in New York. It is so refreshing to see that someone really knows and complies with the law. Privacy is privacy. Unless you have a health care proxy under New York Law allowing you to make decisions for your wife medically, including life extension decisions, the doctor's office is conducting itself scrupulously. Get a health care proxy from a legal stationers, have her fill it out, notarized and keep several copies. Then they have to talk to you. Not until then. You are not their patient.

Read more
Answered on 6/09/99, 9:14 am


Related Questions & Answers

More Administrative Law questions and answers in New York