What Are the Limitations for a Non Disclosure Medical Form?

HIPAA, the Health Insurance Portability and Accountability Act of 1996, is the body governing who can and cannot see your medical information. This act is the reason medical facilities, insurance companies and other entities must put into place policies to reduce releasing information. The non-disclosure form for medical records does have limitations, however.

Non-Covered Entities

• Covered entities are those groups required to protect medical records. They include medical facilities and health insurance companies. Some entities may have medical information but are not bound by HIPAA. For example, school district officials do not have to keep information confidential. Employers, law enforcement groups, and municipal offices also have no confidentiality requirements. Staff members at these places may choose not to disclose information, but non-disclosure forms do not require them to remain silent.

Imminent Danger

• When doctors believe that someone poses an imminent danger to himself or others, those doctors may--and sometimes are required to--report that information. Mental health providers deal with this problem the most as their patients may be suicidal or homicidal and require notification of authorities. Medical professionals also are mandated reporters; they must share when they believe a child is being abused or neglected. Non-disclosure medical forms are not valid in these situations.

Contagion

• Some states require officials to notify certain authorities if someone has a disease that could threaten large numbers of people. In these cases, medical non-disclosure forms are void.

Legal Issues

• If a patient files a lawsuit for personal injury, her non-disclosure form becomes invalid because she is signaling her intent to make her medical history and condition an issue. The patient does not have to waive her right to medical privacy as the courts assume she has done so.