The privacy of your medical information is protected by federal laws. These laws apply nationally, not just in Ohio, although some states have laws that are even stronger than the federal laws. The privacy laws in Ohio were re-emphasized by the 2007 court case Roe v. Planned Parenthood. If your medical privacy is breached concerning birth control or any other medical information, you may have grounds for a lawsuit.
HIPAA is the Primary Law
HIPAA, which stands for the Health Information Portability and Accountability Act, is the main federal law on health records privacy. It requires that electronic medical records remain private unless you specifically release them. It is illegal for hospitals, nursing homes and other medical treatment centers to release your medical records without your written permission. Other organizations that may have information related to your health care, such as your bank, work or school, may not be subject to HIPAA.
Example: Birth Control
For example, birth control prescriptions, the type of birth control, and the length of use of birth control are all medical records that your doctor or hospital likely has. If you are an adult over 18, this information is private. However, because your bank can see your credit card statement, it may know that you buy something on a monthly basis at a certain pharmacy. In this way, medical record privacy is not totally solid. While your medical information is generally protected, there are loopholes.
Is Ohio Different?
In some states, such as Massachusetts, the privacy laws have more stringent requirements than what is required by HIPAA. In Ohio, there is a law that guarantees that patients can get a copy of their own medical records. But besides that, Ohio's privacy laws do not impose additional requirements beyond HIPAA. In general, this means that your medical records are private unless you sign a paper allowing them to be distributed. If you get on birth control, it will be illegal for the hospital to tell that to anyone without your permission.
Exceptions and Loopholes
HIPAA does not cover all organizations that may have medical information. Also, there are some instances in which people with legal control over you can access medical records. For example, legal guardians can usually get the medical information of the people they are guardians for as if it were their own. Examples of legal guardians are conservators, people with medical power of attorney, or parents. Parents can generally get their children's medical records until age 18, though many state laws give doctors the ability to decide whether to comply with a parent's request for medical records.
Roe v Planned Parenthood
Roe v. Planned Parenthood is a 2007 ruling that specifically confirms the long term protection of confidentiality related to birth control in Ohio. In that case, parents sought the medical records of their 13-year-old daughter who may have had an illegal abortion. At that the time of the alleged abortion, Ohio had a law requiring parental notice and consent for abortions. The parents worried that Planned Parenthood had violated this. The court denied their request and the case now stands as precedent, strengthening privacy rights in Ohio. According to Planned Parenthood, political activists have made numerous efforts to get the medical records of abortion patients but they have been successfully quashed.
