This may be a small distinction, but the fine was levied against the medical clinic, not the insurance company. Insurance companies don't typically retain medical records.

I agree with Ken that it will likely become a widespread issue.  You will most likely see this behavior in smaller, traditional health clinics that are run by people that may not have a great appreciation for changes in the law.  

Traditionally, medical records were written for the sole benefit of the physician.  They weren't terribly concerned about being politically correct in their notes because the records were never shared with the patient.  I can imagine it being difficult for some providers to start sharing this information with the patient without scrubbing that information.

Modern Electronic Health Record systems mitigate some of these issues because data is much more structured and easily shareable with the patient and other healthcare providers.  

Mark Graves
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Omaha, NE

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