Medical Records & the Public Information Act in Texas
The Texas Public Information Act (PIA) guarantees citizens' access to records compiled or kept by government agencies. Records held by government are presumed open to the public for inspection. While the Act contains several exemptions, including one for personal medical records, some records can be obtained.
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Process
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The Public Information Act is triggered when a person requests records from a government agency. The agency has 10 days to respond or, in some cases, seek an opinion from the Texas Attorney General to determine whether the records are, in fact, public information. The governmental body has 15 days from the date of the request to make an argument over why it believes the documents should not be turned over. The attorney general writes an opinion within 45 days.
Exemptions
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The PIA exempts some categories of information from public disclosure--such as information relating to an ongoing criminal investigation. Other information is deemed confidential by other statutes. Governmental bodies are prohibited from making public information deemed confidential by other statutes. According to an Attorney General opinion, the Texas Medical Practices Act is such a law. It prohibits disclosure of any record of "identity, diagnosis, or treatment of a patient by a physician." Federal law also bars disclosure of medical records through the Health Insurance Portability and Accountability Act (HIPAA).
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Courts
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Texas courts have a long-held presumption of openness. Medical records admitted through a civil or criminal trial may be obtainable through the court system. In many cases, however, lawyers ask that medical records be sealed to prevent public access to private information.
Medical Examiners
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Citizens can receive autopsy reports under the Texas Public Information Act, according to the Travis County Medical Examiner's Office The coroner's report contains information about the cause of a suspicious death, and may contain information about a person's medical condition, especially if those conditions played a role in a death. One example may be a person who dies of a heart attack during a mugging; the coroner's report will contain information about that person's heart condition.
Summary Information and Police Reports
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In many cases, information regarding medical history may become available, but the identity of the person suffering from that ailment or injury is not known. For example, police reports contain descriptions of injuries suffered by crime victims, but the Public Information Act shields the identities of crime victims from disclosure. Abuse reports at state-run mental health facilities may contain information about underlying conditions as well as injuries suffered as a result of abuse. In both cases, the names of the victim or patient will be redacted. Various government agencies may likewise publish statistical summaries of medical records for public purposes. The Texas Department of State Health Services, for example, publishes the statistics regarding the occurrences of sexually transmitted diseases and teen pregnancy. The Texas Medical Board from time to time disciplines doctors for violating various licensing requirements. Some records of physician discipline can be obtained by the public.
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References
- Photo Credit stethoscope image by dinostock from Fotolia.com
