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Privacy and Confidentiality in Missouri

        Missouri law has numerous safeguards to protect the confidentiality of patient medical information.  Specifically, the law protects against the disclosure of patient medical information that identifies the patient for research purposes.1  Medical test results are also protected from disclosure without the patient’s consent.2  Missouri law also specifically protects Medicaid beneficiary information from disclosure.3  However, the law allows individually identifiable Medicaid data to be released for treatment, payment or health care purposes.4  The law has a specific provision requiring that mental health records be kept confidential by mental health facilities, but allows disclosure of the records under limited circumstances.5  Nursing homes must also maintain the confidentiality of residents’ medical, personal, or financial records, except that the records must be made accessible to the resident and/or a legal guardian, the Department of Health and Senior Services, and other governmental agencies.6  Health maintenance organizations are also subject to confidentiality provisions, including the requirement to ensure that enrollees’ mental health records are kept confidential.7  Information disclosed to medical peer review committees is regarded as privileged information that cannot be used as evidence, except if the information has been provided by an original source.8

        Missouri also has statutes that protect the confidentiality of specific types of information, such as genetic information,9 newborn hearing screening results,10 abortion reports,11 and HIV status.12  Medical reports and records submitted to a disease specific registry are also subject to confidentiality requirements.13  In particular, identifying information in cancer reports submitted to the Department of Health and Senior Services, must be kept confidential, and may only be released with written consent.14  Information and records maintained by rehabilitation or treatment facilities for patients who have suffered from brain injuries must be kept confidential, and may be disclosed under limited circumstances.15

           

 

Footnotes

  • 1. V.A.M.S. 192.067
  • 2. V.A.M.S. 191.317
  • 3. V.A.M.S. 208.120; V.A.M.S. 208.155
  • 4. 13 CSR 70-1.020
  • 5. V.A.M.S. 630.140
  • 6. V.A.M.S. 198.032
  • 7. V.A.M.S. 354.515
  • 8. V.A.M.S. 537.035
  • 9. V.A.M.S. 375.1309
  • 10. V.A.M.S. 191.928
  • 11. V.A.M.S. 188.055
  • 12. V.A.M.S. 191.656
  • 13. V.A.M.S. 192.739
  • 14. V.A.M.S. 192.655
  • 15. V.A.M.S. 199.033

 

Privacy and Confidentiality in Missouri

Subtopic Statute/Regulation Description
Privacy and Confidentiality Confidentiality of Information Regarding Treatment or Diagnosis Held by a Health Maintenance Organization - Mo. Rev. Stat. § 354.515 All enrollee information regarding treatment or diagnosis held by a health maintenance organization (HMO) must be kept confidential.  This...
Confidentiality and Disclosure of Information and Records Maintained by Rehabilitation or Treatment Facilities - Mo. Rev. Stat. §199.033 Information and records maintained by rehabilitation or treatment facilities for patients who have suffered from brain injuries must be kept...
Confidentiality and Disclosure Requirements for Personal, Medical, Financial, or Social Records Maintained by a Nursing Home Facility - Mo. Rev. Stat. §198.032 All personal, medical, financial, or social records maintained by a nursing home facility must be kept confidential, and may only be disclosed if the...
Confidentiality of All Tests and Personal Information - Mo. Rev. Stat. § 191.317 The statute above relates to the confidentiality of tests performed by licensed practitioners. The state provides that all testing results and...
Confidentiality of Genetic Information - Mo. Rev. Stat. §375.1309 The statute above addresses the responsibility of insurance companies and others to maintain the confidentiality of genetic information contained in...
Confidentiality of Health Records Related to HIV Status or Testing - Mo. Rev. Stat. §191.656 The statute above addresses the confidentiality of health records related to HIV status or testing. Under this statute all records and knowledge...
Disclosure Requirements for Providers in Health Maintenance Organizations - Mo. Rev. Stat. §354.441 No health maintenance organization (HMO) or other entity may restrict a provider from disclosing to a member or enrollee any relevant information...
Establishment of a Written Policy Protecting Employee Disclosure or Reporting of Health Information for Hospitals and Ambulatory Surgical Centers - Mo. Rev. Stat. §197.285 Hospitals and ambulatory surgical centers must implement a written policy protecting employees who disclose or report health information in good...
Powers and Duties of Department of Health and Senior Services in Prevention and Treatment of Genetic Diseases and Birth Defects - Mo. Rev. Stat. §191.323 The statute above requires the Department of Health and Senior Services to maintain a registry of data on genetic diseases.  More specifically,...
Privileged Communications Requirements - Mo. Rev. Stat. § 337.636 Provides for privileged communication between mental health professionals and their patients except where when such information pertains to a...
Procedure When Physical Harm Possibilities are Alleged - Mo. Rev. Stat. § 632.300 Requires a mental health coordinator to seek hospitalization where the patient presents a likelihood of serious harm to himself or others.
Purpose and Confidentiality of Patients’ Medical Records - Mo. Rev. Stat. §192.067 The statute above authorizes the Department of Health and Senior Services to receive information from patient medical records in order to conduct...
Records Concerning Applicants and Recipients of Medical Assistance Confidential - Mo. Rev. Stat. §208.155 The statute above establishes that all records concerning recipients and applicants of medical assistance will be confidential except for purposes...
Required Forms to be Supplied to Health Facilities and Physicians - Mo. Rev. Stat. § 188.055 The Department of Health and Senior Services must provide reporting and consent forms to abortion clinics, hospitals, and physicians.  However,...
Requirements and Exceptions for Disclosure of Vital Records or Information - Mo. Rev. Stat. §193.245 The law prohibits any person from disclosing information contained in a vital record or to copy such information.  However, this restriction is...
Requirements for Confidentiality and Disclosure of Records - Mo. Rev. Stat. § 630.140 All substance abuse treatment records are confidential and privileged to the patient, and may only be disclosed in accordance with the statute. This...
Requirements for Disclosure of Confidential HIV information by the Courts - Mo. Rev. Stat. §191.657 Courts have limited authority to order the disclosure of confidential HIV related information.  Courts may allow the disclosure of confidential...
Requirements for Liability for Furnishing Head and Spinal Cord Injury Information - Mo. Rev. Stat. §192.740 An individual or organization that provides information regarding head and spinal cord injury to the Department cannot be held civilly or criminally...
Requirements for Reports Made to the Head and Spinal Cord Registry - Mo. Rev. Stat. §192.739 All reports and records that are made regarding the head and spinal cord injury registry must be confidential.  Information cannot be made...
Requirements for Review by Medical Peer Committees - Mo. Rev. Stat. §537.035 The law outlines the composition of medical peer review committees.  Members of peer review committees and those providing information to or...
Requirements for the Maintenance of Any Records, Files, or Communications Relating to the Eligibility of an Applicant, the Amount of Aid Received, or Used in Administering Benefits - Mo. Rev. Stat. §208.120 All individuals employed by the state of Missouri or officers in the state are prohibited from disclosing any information obtained regarding the...
Requirements for the Release of Patient Identifying Information - Mo. Rev. Stat. §192.655 The Department of Health and Senior Services must protect the identity of the patient, physician, health care provider, hospital, lab, or other...
Standards for Privacy of Individually Identifiable Health Information - Mo. Code Regs. Ann. tit. 13, § 70-1.020 The regulation above describes permissible disclosures of health information.  The Department of Social Services, the sole department...
Standards, Follow Up Procedure, and Confidentiality Regarding the Surveillance and Monitoring System for Certain Newborns - Mo. Rev. Stat. § 191.928 The statute above provides for the confidentiality of medical records collected under Missouri’s Newborn Hearing Screening Surveillance and...