Privacy of Medical Records

Sample letter for patients to submit to their doctor to try and protect their medical records from being seized by a government agency outside of a subpoena (see below for important information regarding subponeas). (for a text version of this letter that you can download and personalize please click here.)

[Date]

Dear [Name of doctor]:

I am generally familiar with the current Lyme disease controversy involving efforts of some government agencies to interfere in an individual doctor's treatment decisions.

I am also familiar with the controversy surrounding the diagnosis and treatment of Lyme and other tick-borne disorders. You and I have fully discussed the risks and benefits of the course of action that we have taken to my diagnosis and care plan and we have both agreed to that course of action.

I also want to let you know that I specifically instruct that you are not authorized to release any of my medical records in your possession to any government agency or medical licensing board or to any person representing or acting on behalf of these groups.

If you receive any request or demand for my medical records from any of these groups, please let me know promptly.

Also, will you please place this letter in my medical records file.

Sincerely,

[Patient]

It is suggested that this letter be sent CERTIFIED MAIL - RETURN RECEIPT REQUESTED so that the patient will have an appropriate record that their letter was received by the doctor. Whether the doctor will be successful in holding out if the government officials pursue him/her about getting the records remains to be seen. It is suggested that any doctor treating tick borne diseases that could be challenged by the government authorities would want to have a letter such as the above from every one of their Lyme disease patients.

This may prevent states from conducting a "fishing expedition" by requesting medical records. The licensing boards may still obtain records, but they will need to have enough data to convince a judge to subpoena the records. (Please note that a subponea must be hand delivered to you (or your representative) by an officer of the court. If you are "served" with a subponea, you may want to confer with your lawyer to detremine if the subponea is official)

for a text version of this letter that you can download and personalize please click here.