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Comment by kjkjadksj

16 hours ago

So if I fill out my medical record form at the doctors office its not a medical record because me the user filled it out before handing it over the front desk?

Because you filled it out in the context of interacting with a medical provider, then gave it to them for their records, that is a medical record. (Just like a conversation with your doctor about your history would be.)

If you filled out the same form just to keep in your desk drawer for your family’s reference, it would not be. Also, if you ask for a copy of your record, as soon as you take personal possession of it, HIPAA no longer cares about it, because you aren’t a covered entity.

(Source: I founded a startup that spent a lot of money on attorneys to confirm this.)