Who Owns Your Medical Records?

[Please note: References are linked to this page and can be viewed by clicking on the * throughout this document]

There is little consensus nationwide concerning the ownership of your medical information.  We see this lack of consensus when we look at how state legislators have dealt with this issue.  As of 2016, 22 states have laws that give ownership to hospitals and physicians; 28 states (including the District of Columbia) have no laws governing ownership; and one state, New Hampshire, gives medical information ownership to the individual.*   

Logic suggests individuals should own their medical information, after all it is their medical history and they paid for all the examinations and treatments described in these records. For those 22 states that have assigned ownership to hospitals and physicians, this logic was evidently not a consideration.

The consequences of not owning and controlling our medical information are severe.   
Information contained in our medical records is some of the most sensitive identity information we have.  To date hackers have stolen more than 50 percent of all electronic medical records in the U.S. and lawmakers and law enforcement are helpless to stop these thefts.*  Worse yet is many medical facilities have failed to notify those whose records have been compromised.

Stolen medical records are not like stolen credit cards or bank account information.  Banks can issue new credit cards and change access to bank accounts but medical information is permanent.  Stolen medical information is being sold for millions of dollars and eventually ends up in the hands of data brokers who know these records will bring high prices especially from employers.  Employers will use this information when making employment decisions because they do not want to hire an employee who poses a medical liability.  Individual's who have had significant medical issues in the past or who may suffer from a chronic ailment will be discriminated against regardless of whether or not the chronic disease is well controlled. 

The federal government has not stipulated who should or shouldn't own medical information.  It is speculated they consider medical record ownership a state concern and may also believe it may become a moot point knowing the provisions of the Health Insurance Portability and Accountability Act (HIPAA).*  This federal law requires medical facilities to provide copies  of medical records when individuals request them.  HIPAA can sidestep the issue of medical record ownership evidently assuming individuals will be satisfied knowing they are entitled to copies of their medical records.  

Even though HIPAA guarantees we can always get a copy of our medical records we exercise no control over how this information is being protected.  It is logical that we should own the information and we can only hope laws will be enacted to guarantee ownership.  In the meantime the answer to the question ‘who owns my medical record’ is you don’t own that information unless of course you reside in the State of New Hampshire.