Do You Have the Right to Them?
There are some circumstances under which you do not have a right to them.
Be sure you have followed the right protocol for getting copies of your medical records.
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Simply making a phone call may not be enough.
There are certain steps you may need to take, including letter-writing and signatures.
Included in the protocol is payment for the records.
You may be required topay for the copies of your medical recordsbefore they are provided.
The amount you’re free to be charged will vary by state.
Was it a Covered Entity?
Be sure you have made the request froma covered entity.
Find one of the covered entities that have your records and make the request there.
Have You Waited Long Enough?
By federal law, the maximum amount of time they can delay is 60 days.
Important:This complaint must be filed within 180 days of the denials.
Also, the law prohibits retaliation on the part of the covered entity.
These medical records laws do have teeth.
Cignet Health, a Maryland health center, denied records to 41 patients in 2008 and 2009.
In 2011, $4.3 million worth of fines were levied against Cignet Health for violating the law.
That action came as a result of complaints made by patients through the complaint process described above.
United States Department of Health and Human Services.Individuals right under HIPAA to access their health information 45 CFR 164.524.
United States Department of Health and Human Services.How OCR investigates a health information privacy and security complaint.
