Current Legal Issue on Health Care

According to the Health Insurance Portability and Accountability Act (HIPAA) who sets national standards that gives patient assurance that their health care records information are safe, is keep private and are properly maintained by a health care organization. Many people consider their health care records to be very sensitive and private. For this reason some patients find it hard to disclose certain information sometimes even with the doctor’s, but the Health Insurance Portability and Accountability Act gives patients a sense of security by protection their right to privacy. However, many patients do not know that information in their medical records could be made available without their authorization in cases such as a response to a warrant or any other legal binding requesting the information for judicial proceedings. Patient’s information may become available in both civil and criminal cases. This paper will look at the judicial proceeding where a patients record may be introduce as evidence in the court system. According to the author M.L. Bongers authorities in the Netherland propose a new legislation on patient’s right, dealing specifically with medical record of the deceased. In the Netherlands the physician is still bound to professional confidentiality after the patient's death. However, in the legal doctrine and in case law some exceptions have been recognized, especially for circumstances where the relatives have a legitimate interest in the inspection of medical records of the deceased. It is concluded that there is a need to reconsider the provision's wording or to adhere to self-regulation of the Royal Dutch Medical Association in order to strike an appropriate balance between the various interests concerned. (Bongers, 2011) There was on key factor in the proposed bill stating a stipulating of the condition under which the relative have a right to review their decease member’s private health records. Many citizens argued that this should