Failure to obtain informed consent -- Proof required of patient -- Defenses -- Consent to health care. When a person submits to health care rendered by a health care provider, it is presumed that actions taken by the health care provider are either expressly or impliedly authorized to be done.
HIPAA states that the patient owns their own information, with very few exceptions, and they have the right to receive a copy of the information. In the states that fall under Federal Guidelines, the medical records belong to the provider, practice or facility that created the record.
In Utah, where I practice, the physician and/or hospital owns the record, meaning that a patient must go through a hospital medical records department, oftentimes with considerable delay, to get their own information. Many systems provide limited access to information through Web portals such as MyChart.
In no case shall the record be retained less than seven years. (8) All patient records shall be retained within the clinic upon change of ownership. (9) Provision shall be made for filing, safe storage, security, and easy accessibility of medical records. (10) Medical record information shall be confidential.
Although a patient owns the PHI contained within the personal health records, it is the custodian who owns the actual records and is ultimately responsible for implementing measures to safeguard the information. With few exceptions, a patient has a right of access to their own PHI.
In no case shall the record be retained less than seven years. (8) All patient records shall be retained within the clinic upon change of ownership. (9) Provision shall be made for filing, safe storage, security, and easy accessibility of medical records. (10) Medical record information shall be confidential.
Statutory Limitations Unless you specifically spell out a different time period in a contract, Utah law permits contract and warranty claims to be filed within six years of the date of completion (or abandonment) of the improvement.
Patient access to medical records -- Third-party access to medical records -- Medical records services -- Fees -- Standard form.
Contempt -- Action by court. If the court finds the person is guilty of the contempt, the court may impose a fine not exceeding $1,000, order the person incarcerated in the county jail not exceeding 30 days, or both.