Your Rights to Obtain Medical Records

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This is a topic I started in November2010, and you may review it here. Georgetown University maintains alist of states and the rights for patients in each state that may bein addition to your rights under HIPAA. Please take the time toreview the rules for your state, as these are important and cansometimes answer many questions. There is a lot of informationavailable on obtaining your own medical records or those of yourminor child. In some states, once the minor attains the age ofsixteen, parents may have limited rights.
HIPAA (Health Insurance Portability andAccountability Act) of 1996 created a lot of privacy, but alsomandated that covered entities must provide you with copies of mostof your medical records. Of course, they may charge you a reasonablefee for them. Some doctors, hospitals, and insurance companies dotheir best to wear you out as a way of discouraging you and preventthemselves from providing the records.
If you are denied access to yourmedical records, then you must take steps to obtain them. I willprovide the steps necessary, as I understand them. You need to checkthem and follow them carefully and then if you are denied, you needto file a complaint.
The steps you need to follow are notthat difficult, but for many, it can be a nightmare if you meet withrebuffs at every step.
1 - First, make sure you have a rightto the records. This is not always as easy as this sounds. Evenyour own records may become unavailable to you and beyond your legalreach.2 - Second, be sure that you follow theright steps and procedures for obtaining your medical records. Youwill need to sign in person the request and follow directions. Somake sure you listen to what you are told as this can take severaldays or even a week or more depending on where the records are keptand personnel available. Most entities will not accept a phone call,and will ignore these requests.3 - Third, be sure you have made therequest from the correct facility. Do not go to the clinic forhospital records. For outpatient records, you may have to ask thedoctor who keeps them.4 - And fourth, have you waited longenough? This is where the state you live in can determine thelength. Federal law mandates the longest wait they can delay givingyou your records at 60 days.
Many walk-in clinics and places that donot file for insurance reimbursements are not considers coveredentities under HIPAA and as such not required to give copies ofmedical records. Be sure to ask even then as a few will as acourtesy. Be prepared to pay a reasonable fee.
Once you are sure you have met allrequirements and are still being denied access to your medicalrecords, you will have 180 days to file a complaint once you aredenied. This complaint must be filed with the US Department ofHealth and Human Services. This information will be in another bloglater.
For more explanation, you may want toread this reference.