I assume by "patient history" you are referring to medical information, either in terms of forms completed by a patient or as reported by a patient. If you mean something else by "patient history" I cannot give any answer as I do not know what else that term could mean. In addition, I assume you are referring to a physician reading a patient's history given to another medical provider not associated with the physician. A physician could read a patient's history provided to him or her or someone else associated with the physician. Taking into consideration the assumptions discussed above, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") would apply. There may be other statutes, codes or regulations as well but HIPPA is the most widely known and used. HIPPA protects a patient's medical information and indicates when medical information can be released or disclosed without a patient's explicit authorization or consent. However, it is common that many physicians have patient's sign authorizations (or a similar document) so the physician can obtain and review medical information from other medical providers. A patient's history, as well as other medical information, is usually necessary for a doctor to be able to evaluate and treat a patient. In addition, depending on the exact circumstances, authorization/ consent may be implied or specifically permitted by HIPPA. If you believe your rights under HIPPA have been violated you can file a complaint with the U.S. Department of Health and Human Services Office of Civil Rights. You can also contact Nebraska's Department of Health and Human Services as well.
Answered on Sep 28th, 2012 at 11:24 PM