Can we get d medical details of a patient from private hospital under Right for Information Act?

Question

As they are not giving otherwise?

Answer 1

I partially agree with VG. He has given what is provided as the introduction to this Act but he has failed to inform you about meaning of "public authority" section 2(h) (d) clearly provides: - by notification issued or order made by the appropriate Government, and includes any—
(i) body owned, controlled or substantially financed;
(ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government;
Now if this private hospital happens to be substantially financed, directly or indirectly by funds provided by the appropriate Government then it comes under the ambit of the RIGHT TO INFORMATION ACT, 2005. Now this is a question of facts & law both as if you can get this information about this private hospital getting any government grant/financial help directly for its operation then definitely they are supposed to provide you with all necessary information as per the provisions of the said Act. As it is well known fact most of the private hospitals take the path of getting it self declared as charitable institution to get the privilege under the provisions of the Income Tax Act with regards to benefits in its income & taxation purposes as well under the provisions of the Custom Act, 1962 for getting exemptions in the import duty paid for importing medical equipments etc in the name of charitable institution. Now these benefits which they avail for the taxation purpose can be construed as indirect financial benefits , but will that be enough to bring under the ambit of the meaning of the public authorities under section 2 (h)(d) as mentioned above is arguable issue. As far getting the information about the private hospital getting any direct financial funds is concerned this information you can secure from the Health Department of the State where this hospital is located, rest information about its being a charitable institution or not can be got from the Income tax circle where it is located, as both these as purely government departments & this information which you seek are not the privileged & exempt from disclosure or covered by Official Secrets Act, 1923 it will be provided to you. On the basis of this information you can proceed as I stated to you for procuring the relevant information from this hospital if it comes under the ambit of the RTI Act.

Answer 2

As I have gone through this myself, I am giving you my practical experience. U/RTI Act as Vijay M rightly points out, the private hospital is not obliged to give you any information unless it is substantially funded by the govt. (highly unlikely). But if you require it for a court matter, you can make an application to the court and easily get an order in this regard or even simpler method - you could summon the concerned officer of the hospital as a witness, who would be obliged to divulge the information during examination.

Answer 3

No. The Freedom of Information Act does not cover medical records and HIPAA prohibits providers from releasing medical records except in narrow circumstances (signed release from patient, subpoena, etc.)

Answer 4

The RTI Act says: "An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto."

So, clearly the private sector doesn't come under the ambit of this constitutional act.

Answer 5

No, the Freedom of Information Act does not apply to people's personal medical history.

Answer 6

The right of info act does not include medical records unless a sitting judge issues an order for those record that may or may not effect the outcome of a particular case.

Answer 7

If it is not your own medical information or that of someone you are a guardian for you have no right to their medical information unless that person signs a release allowing you that information.

Answer 8

You have no rights to a patient's medical records...
So, no, you can't

Answer 9

just ask for with 10 /- postal stamp encl.

Answer 10

No