Unauthorized disclosure of medical records a violation of 93A?

Submitted by Anonymous on Thu, 01/28/2010 - 09:30

MA Consumer Law Questions and Answers

I'm being sued by my insane neighbor for assault after he started a fight with me. His attorney is trying to get my medical records from the hospital because of my counter-suit (for my injuries caused by insane neighbor). But isn't it a violation of HIPAA and the Massachusetts consumer protection act (93A) for the hospital to release those records without my permission?

Editor's Response

Submitted by The Editor on Thu, 01/28/2010 - 11:07.

Generally speaking, it is a violation of both HIPAA and of regulations promulgated under Massachusetts General Laws Chapter 93A for a medical facility to release medical records without permission from the patient. However, both HIPAA and 93A contain specific exceptions for situations where the records are disclosed in the course of legal proceedings or as required by law. Beyond that, it is highly unlikely a court in Massachusetts will let you maintain your counterclaim if you are not willing to release and produce your medical records. Good luck with your case. For more information about 93A or to post a question, visit our Massachusetts Consumer Law Discussion Forum.

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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com

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