Frequently, authorization for release to certain third parties is included on the forms many patients sign prior to treatment or enrollment in a health plan. Recently, new federal patient privacy standards were enacted that will ensure patients' access to their medical records. However, a patient's right to access the medical record is not absolute. For example, a patient's access to their psychiatric records may be restricted if the disclosure of the information could endanger the patient's welfare. The patient or the patient's legal guardian or proxy can grant release of medical record information.
Some state laws permit the release of information to anyone designated by the patient.
Other states permit the release only to certain specified classes of individuals. 3 Health care providers may be required by law to disclose medical record information because of overriding societal interests. For example, many states require the reporting of certain communicable diseases regardless of patients' wishes. According to a 1995 study by Dr. Peter Ubel in The American Journal of Medicine, the inappropriate disclosure of confidential patient information by hospital staff occurs with disturbing frequency. The covenant of confidentiality is outlined in the Hippocratic oath, the American Medical Association's Code of Ethics, and many other medical codes and statutes.