Maryland judges decide in favor of doctor who defended patient privacy rights
HIPAA Weekly Advisor, November 12, 2007
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In the case of Maryland State Board of Physicians vs. Harold I. Eist, MD, the Maryland Court of Special Appeals decided in favor of the psychiatrist, Eist, who chose to defend the privacy rights of his patients, according to a November 5 article by AMNews.
Eist was asked to turn over medical records to the state medical board, but Eist refused to provide records for three of his patients who objected to the disclosure. The Board of Physicians charged Eist for failing to cooperate with an investigation, according to the article. The Court decided that the Board couldn't ignore patient medical privacy rights because of an investigation.
Maryland state law says that the Board may obtain medical records without patient consent, but that the right is not absolute. Instead, the Board needs to prove that accessing the information without permission is necessary or could harm the patient if the access was disclosed, says AMNews.
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