PERAC Memo #16 - 2002: Confidentiality of Medical Records
Confidentiality of Medical Records
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This memo reminds retirement boards of their legal obligation to protect the confidentiality of medical records collected during disability retirement processing, noting such records are exempt from public disclosure under G.L. c. 66, §10 and c. 4, §7(c) and may only be released with a signed authorization, court order, or as otherwise required by law. Boards should take concrete safeguarding measures—locking records, destroying excess copies, restricting discussions to secure areas, and considering confidentiality agreements for members and staff—and may consult PERAC Legal staff with questions.
Full Text
Memorandum # 16/2002
M E M O R A N D U M TO: All Retirement Boards FROM: Joseph E. Connarton, Executive Director RE: Confidentiality of Medical Records
DATE: March 7, 2002
In the course of processing disability retirement applications, retirement boards often collect and retain large numbers of medical records. These medical records often consist of sensitive, personal information which must not be disclosed except as discussed below. Consequently, boards are reminded of their duty to take all efforts necessary to protect the confidentiality of all medical records. A few points to keep in mind:
• Medical records are exempt from disclosure under the state Public Records Law, G.L. c.
66, § 10 and G.L. c. 4, § 7(c). Medical records cannot be disclosed to any third party
except as required by law or regulation, upon receipt of a signed release by the subject of
the records or pursuant to an official order of a court of competent jurisdiction. See 840
CMR 6.00 for more information on the release of medical records.
• Medical records should be kept locked up when they are not being used.
• Boards must assure that when medical records are distributed for board use that all copies
are safeguarded. All extra copies should be collected and destroyed when they are no
longer needed.
• Boards should assure that board members and staff are aware that discussions of medical
records and issues should only be held in secure areas. Such discussions should never
occur in lobbies, elevators or other places open to the general public.
• Boards should consider requiring all board members and staff to sign a confidentiality
agreement.
It is important that board members and staff are constantly vigilant in protecting the confidentiality of medical records. The Commission’s Legal staff is available to discuss medical records confidentiality issues and concerns.