DecisionHealth, DecisionHealth - 2022 Issue 8 (August)

Know your rights for medical record access in post-Roe landscape

It is expected that prosecutors will seek medical records to support charges against patients they suspect of violating new statutes against abortion, either as evidence of illegal treatment or to determine from notes that the patient sought such services. HIPAA offers some limited protection to practices that don’t want to give them up, and case law suggests the Privacy Law actually prohibits the surrender of protected health information (PHI) in some circumstances.

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