Gavin Howe
Missouri has numerous laws and statutes in place to protect the privacy of patient medical information. While there is no comprehensive Missouri privacy law in effect, the state has introduced a biometric privacy bill, which includes a Biometric Information Privacy Act, currently pending. The Missouri Sunshine Law, initially passed in 1973, is an open records access and data privacy law that grants both residents and non-residents of the state the right to access public records. Missouri law also protects specific types of patient information, such as genetic information, newborn hearing screening results, abortion reports, and HIV status. The Health Insurance Portability and Accountability Act (HIPAA) requires strict confidentiality of patients' medical records, with a few exceptions.
| Characteristics | Values |
|---|---|
| Federal laws | The Health Insurance Portability and Accountability Act (HIPAA) |
| State laws | Missouri Sunshine Law, Missouri's medical records laws |
| State attorney general | Imposes the law |
| Patient rights | Access to medical records, protection of Medicaid beneficiary information, confidentiality of medical records |
| Exceptions | Law enforcement requests, research purposes with Institutional Review Board approval, national security or intelligence purposes, emergency circumstances |
| Biometric privacy | Biometric Information Privacy Act (introduced in March 2023, pending) |
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Medical records
In Missouri, medical records are protected by a combination of federal and state laws. The Health Insurance Portability and Accountability Act (HIPAA) requires strict confidentiality of patients' medical records, with a few exceptions. For instance, doctors may share medical information with individuals making medical decisions on behalf of a patient if they are incapacitated and receiving emergency care. Doctors may also share medical history in court cases involving accidents or workers' compensation claims, and certain information must be provided to the government, including births, deaths, and communicable diseases.
Missouri law also provides additional safeguards for the confidentiality of specific types of information, such as genetic information, newborn hearing screening results, abortion reports, and HIV status. Medical test results cannot be disclosed without patient consent, and the law protects against the disclosure of patient-identifying information for research purposes. Missouri law specifically protects Medicaid beneficiary information, and mental health records must be kept confidential by mental health facilities, except under limited circumstances. Nursing homes must also maintain the confidentiality of residents' medical, personal, and financial records, except when providing access to the resident, legal guardian, or specific government agencies.
While Missouri does not have a comprehensive privacy law, it introduced a Biometric Information Privacy Act in March 2023, which is currently pending. The Missouri Sunshine Law, passed in 1973, is an open records access and data privacy law that establishes procedures for accessing public records and government information. It grants both residents and non-residents the right to access public records, with certain exemptions, such as welfare information and law enforcement plans.
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Biometric privacy
Missouri law has numerous safeguards to protect the confidentiality of patient medical information. The privacy of medical records is protected by a combination of federal and state laws. In Missouri, medical records are available to patients or their representatives upon request.
Missouri also has statutes that protect the confidentiality of specific types of information, such as genetic information, newborn hearing screening results, abortion reports, and HIV status. Medical reports and records submitted to a disease-specific registry are also subject to confidentiality requirements. The law protects against the disclosure of patient medical information that identifies the patient for research purposes. Medical test results are also protected from disclosure without the patient's consent.
In addition to the above, Missouri introduced a "Biometric Information Privacy Act" in March 2023. The bill is pending. This bill establishes that any private entity in possession of biometric identifiers or information must have a written and publicly available schedule and clear guidelines for permanently destroying biometric identifiers and information when the original purpose for collecting it has been satisfied or within three years of the individual's last interaction with the entity. No private entity may collect, purchase, receive, or otherwise obtain an individual's biometric identifier or information without first notifying the subject in writing of the information being collected and the reason for collection, and without receiving the subject's written consent. Any person who feels wronged by a violation of this bill’s provisions has the right to sue in court.
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Doctor-patient privilege
In Missouri, there is currently no comprehensive privacy law in effect. However, the state has a variety of laws and statutes that protect the privacy and confidentiality of patient medical information.
Missouri law states that licensed physicians, psychologists, chiropractors, and dentists are "incompetent to testify" in a court of law. This is commonly referred to as doctor-patient privilege and protects the privacy of patient medical information. This privilege is not absolute and has certain limits, such as the disclosure of sexually transmitted infections if a defendant has been charged with sexual assault.
Additionally, the Health Insurance Portability and Accountability Act (HIPAA) requires strict confidentiality of patients' medical records, with a few exceptions:
- Doctors may share medical information with individuals making medical decisions on behalf of a patient who is incapacitated and receiving emergency care.
- Doctors may disclose medical history if a patient has a court case involving an accident or workers' compensation claim and has introduced their injuries as evidence.
- Doctors may provide certain information as required by the government, including births, deaths, and communicable diseases.
Missouri law also protects specific types of information, such as genetic information, newborn hearing screening results, abortion reports, and HIV status. Medical test results and Medicaid beneficiary information are also protected from disclosure without patient consent. Mental health records and nursing home resident records must be kept confidential, except under limited circumstances.
Furthermore, medical and healthcare records are generally considered confidential and shared only with authorized individuals or with patient consent. Patients or their representatives have the right to request their medical records, and providers are required to furnish them within a reasonable time, including electronically if requested and available.
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Law enforcement
Missouri's patient privacy laws are protected by a combination of federal and state laws. While there is no comprehensive Missouri privacy law in effect, the state has introduced a biometric privacy bill to impose new requirements on companies' handling of biometric information.
Missouri's patient privacy laws allow medical information to be released to law enforcement officials under certain circumstances, as outlined in the Health Insurance Portability and Accountability Act (HIPAA). These circumstances include:
- When a patient may be the victim of a crime and their agreement cannot be obtained under certain limited circumstances.
- When a death is believed to be the result of criminal conduct.
- When criminal conduct occurs at a medical facility.
- When a patient commits or threatens to commit a crime on the premises or against staff. In this case, the patient's name, address, and last known whereabouts may be disclosed.
- In emergency situations, to report a crime, including the location and victims, as well as the identity and description of the perpetrator.
- When the patient is a forensic client, and information sharing is required by Missouri statute.
Additionally, Missouri's Sunshine Law, passed in 1973, provides access to public records and government information while protecting confidential information. The law is enforced by the state attorney general, who has the authority to impose it, and aggrieved parties can bring civil charges against records custodians who violate their rights under the law.
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Research
Missouri has numerous laws and statutes in place to protect the privacy of patient medical information. The privacy of medical records is protected by a combination of federal and state laws. The Health Insurance Portability and Accountability Act (HIPAA) requires strict confidentiality of patients' medical records, with a few exceptions. For instance, doctors may share medical information if a patient is incapacitated and receiving emergency care, or if there is a court case involving an accident or workers' compensation claim. Additionally, doctors may provide certain information as required by the government, including births and deaths.
Missouri law also protects specific types of information, such as genetic information, newborn hearing screening results, abortion reports, and HIV status. Medical test results cannot be disclosed without the patient's consent. Missouri law also specifically protects Medicaid beneficiary information from disclosure, although this information can be released for treatment, payment, or healthcare purposes. Mental health records must also be kept confidential, but can be disclosed under limited circumstances.
The Missouri Sunshine Law, passed in 1973, is an open records access and data privacy law. It establishes the procedures for accessing public records and government information, including any associated fees. The law also mandates that records custodians within the state adhere to specific requirements regarding the accessibility of public records. These records custodians are responsible for redacting any confidential information before disclosing it to the public.
While Missouri does not currently have a comprehensive privacy law in effect, it introduced a Biometric Information Privacy Act in March 2023, which is pending. This act aims to impose new requirements on companies' collection, handling, protection, use, and dissemination of biometric information.
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Frequently asked questions
Missouri patient privacy laws are created by the state government.
Missouri law has numerous safeguards to protect the confidentiality of patient medical information. For example, medical and health care records are considered confidential and only shared with those who need to know or who have been given permission. Missouri law also protects specific types of information, such as genetic information, newborn hearing screening results, and HIV status.
Yes, there are some exceptions to Missouri patient privacy laws. For example, medical information can be disclosed to law enforcement officials under certain circumstances, such as when a patient is a victim of a crime or commits a crime on the premises. Additionally, doctors may share medical information with individuals making medical decisions on behalf of a patient who is incapacitated and receiving emergency care.
