sherri --
Thanks for your clarification. The answer is straightforward, let me
begin by giving you the text of the operative regulation, followed by
some explanation of how I found the information and confirmed its
accuracy. I should note that Google researchers are not authorized to
give legal advice, so this answer should be considered as
informational only.
Here is the applicable law, which is found in Title 10, Section 58-1.8
of the New York State Health Regulations:
"Title 10: Section 58-1.8.
"Results of tests to be reported only to physicians or other
authorized persons. No person shall report the result of any test,
examination or analysis of a specimen submitted for evidence of human
disease or medical condition except to a physician, his agent, or
other person authorized by law to employ the results thereof in the
conduct of his practice or in the fulfillment of his official duties.
Reports shall not be issued to the patients concerned except with the
written consent of the physician or other authorized person, except
that information concerning blood type and Rh factor may be provided
in writing to the individual whose blood was tested without the
consent of the individual's physician."
New York State Department of Health: Public Health Forum: Title 10:
New York State Codes Rules and Regulations (NYCRR)
http://www.health.state.ny.us/nysdoh/phforum/nycrr10.htm
You will note on the Web page linked above that the text of the
regulation is accompanied by a email address inviting questions and
comments on the regulation. That address is:
regsqna@health.state.ny.us
The rationale for this regulation is explained by the New York State
Department of Health in the following FAQ:
"22. Why can't test results be given directly to the patient?
As specified in 10 NYCRR Subpart 58-1.8, laboratory results may only
be given to a physician, his or her agent, or other person authorized
by law to use the results in the conduct of his or her practice or the
fulfillment of official duties. The majority of laboratory test
results must be placed in the context of the patient's condition,
medical history and symptoms, by a trained professional. While many
patients have the knowledge, experience and good judgement to properly
evaluate test results, the data may cause some patients unnecessary
confusion, anxiety and sometimes, alarm. Laboratories are required to
release test results to the physician ordering the tests so that a
full explanation may be provided at the time that the patient receives
the test results. Results may be issued to patients with the written
consent of the physician or other authorized person. The exception to
the regulation is results for blood type and Rh type. Results from
these tests may be provided in writing to the individual whose blood
was tested without consent of the physician. "
Wadsworth Center: New York State Department of Health: Clinical
Laboratory Evaluation Program: FAQ
http://www.wadsworth.org/labcert/clep/faq/faq.htm#Q22
Additional Information:
This research was complicated by the uncertainty as the relevance of
the patient privacy provisions of HIPAA to this situation. The Health
Insurance Portability and Accountability Act is a large and complex
piece of legislation, but I found a clearly stated answer to its
applicability to your specific situation at the website of a medical
center/laboratory in Massachusetts:
"Can I receive a copy of my test results?
As you may know, the Data Privacy Rule under HIPAA (Health Insurance
Portability and Accountability Act) allows patients to request access
to their medical information. At the same time, however, laws in some
states prohibit clinical laboratories from releasing laboratory test
results directly to patients. The Clinical Laboratory Improvement
Amendments (CLIA) require that we follow state law and, where state
law is more strict than HIPAA, we are not permitted to release your
test results to you. You may request a copy of test results by
contacting your provider or the medical records department."
South Shore Medical Center: Lab Services
http://www.ssmedcenter.com/providers/lab.htm
Search Strategy:
I used many Google searches to find the relevant New York regulation
and to confirm that it governs your situation. The search terms that
led me to the Wadsworth Center FAQ page, which then led me to the rest
of the information, were these:
"laboratory tests" "directly to the patient"
://www.google.com/search?q=%22laboratory+tests%22+%22directly+to+the+patient%22&num=30&hl=en&lr=&start=30&sa=N
I am confident that this is exactly the information you were looking
for. If anything is unclear, please ask for clarification before
rating the answer.
markj-ga |
