This is a topic I started in November2010, and you may review it here. Georgetown University maintains a
list of states and the rights for patients in each state that may be
in addition to your rights under HIPAA. Please take the time to
review the rules for your state, as these are important and can
sometimes answer many questions. There is a lot of information
available on obtaining your own medical records or those of your
minor child. In some states, once the minor attains the age of
sixteen, parents may have limited rights.
HIPAA (Health Insurance Portability and
Accountability Act) of 1996 created a lot of privacy, but also
mandated that covered entities must provide you with copies of most
of your medical records. Of course, they may charge you a reasonable
fee for them. Some doctors, hospitals, and insurance companies do
their best to wear you out as a way of discouraging you and prevent
themselves from providing the records.
If you are denied access to your
medical records, then you must take steps to obtain them. I will
provide the steps necessary, as I understand them. You need to check
them and follow them carefully and then if you are denied, you need
to file a complaint.
The steps you need to follow are not
that difficult, but for many, it can be a nightmare if you meet with
rebuffs at every step.
1 - First, make sure you have a right
to the records. This is not always as easy as this sounds. Even
your own records may become unavailable to you and beyond your legal
reach.
2 - Second, be sure that you follow the
right steps and procedures for obtaining your medical records. You
will need to sign in person the request and follow directions. So
make sure you listen to what you are told as this can take several
days or even a week or more depending on where the records are kept
and personnel available. Most entities will not accept a phone call,
and will ignore these requests.
3 - Third, be sure you have made the
request from the correct facility. Do not go to the clinic for
hospital records. For outpatient records, you may have to ask the
doctor who keeps them.
4 - And fourth, have you waited long
enough? This is where the state you live in can determine the
length. Federal law mandates the longest wait they can delay giving
you your records at 60 days.
Many walk-in clinics and places that do
not file for insurance reimbursements are not considers covered
entities under HIPAA and as such not required to give copies of
medical records. Be sure to ask even then as a few will as a
courtesy. Be prepared to pay a reasonable fee.
Once you are sure you have met all
requirements and are still being denied access to your medical
records, you will have 180 days to file a complaint once you are
denied. This complaint must be filed with the US Department of
Health and Human Services. This information will be in another blog
later.
For more explanation, you may want to
read this reference.
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