Catalog / Handles health records / LXD-6846

Handles health records, in Massachusetts

Hospital and clinic treatment records: patient inspection, copies and retentionin force5 lines

Mass. Gen. Laws ch. 111, § 70 · Read the law's page

  • If you are a hospital or clinic subject to licensure by the department of public health or supported in whole or in part by the commonwealth, keep records of the treatment of the cases under your care, including the medical history and nurses' notes.
  • Let the patient, the patient's attorney on the patient's written authorization, or the executor or administrator of a deceased patient's estate (or that person's attorney on written authorization) inspect the records, and furnish a copy on request for a reasonable fee within the section's caps. A hospital or clinic under the control of the department of mental health is excepted from this inspection right.
  • Destroy records only after the applicable retention period has elapsed and after notifying the department of public health; in the event of a transfer of ownership or permanent closing, keep the records or arrange for their preservation for the required time.
  • On the notice of privacy practices you distribute to patients, include information concerning section 70 and your records termination policy.
  • Furnish a health record requested for a claim or appeal under the Social Security Act or a federal or state financial needs-based benefit program within thirty days of the request, and charge no fee for it.
HIV test informed consent and limits on disclosing resultsin force3 lines

Mass. Gen. Laws ch. 111, § 70F · Read the law's page

  • If you are a facility (as section 70E defines it), physician or health care provider, test a person for the HIV antibody or antigen only after you obtain that person's verbal informed consent.
  • Do not disclose the result of an HIV test to anyone other than the subject, and do not identify the subject of the test to anyone, without the subject's written informed consent. A written consent form states the purpose for which the information is requested and is distinct from consent to release any other medical information, and it covers each requested release.
  • If you are an employer, do not require an HIV antibody or antigen test as a condition for employment.
Genetic information: prior written consent for testing and informed written consent for disclosurein force4 lines

Mass. Gen. Laws ch. 111, § 70G · Read the law's page

  • If you are a facility, physician or health care provider, test a person for genetic information only after you obtain that person's prior written consent. A prior written consent is a signed form that is not a general waiver, and states the purpose of the test, that the person discussed the reliability of the results with the ordering practitioner, that genetic counseling is available, a general description of each condition tested for, and who may receive the results.
  • If you are a facility, physician or health care provider, do not disclose a genetic test result to anyone other than the person tested, and do not identify the person tested to anyone, without informed written consent, a separate written consent form that states the purpose of the request, or a proper judicial order. Confidential research information used only for epidemiological or clinical research is excepted from the disclosure bar.
  • If you are a hospital, laboratory, registry, physician, insurance institution, insurance support organization, insurance representative or commercial genetic testing company, do not divulge reports and records pertaining to genetic information without informed written consent, except as subsection (b) provides: on proper judicial order, to a person whose official duties the commissioner finds entitle receipt, in connection with life, disability and long term care insurance as chapter 175I authorizes, or as confidential research information.
  • If you are a laboratory, run a requested genetic test only when the request carries the ordering practitioner's signed statement that the appropriate prior written consent has been obtained, unless the test is conducted as confidential research information.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

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