28th Aug 2017
Your Right to medical records.
Do you have the right to a copy of your medical records?
Yes. There is a federal law called HIPAA. HIPAA is commonly pronounced hip-pa. They get the name by using the first letters of the name of the law: Health Insurance Portability and Accountability Act. Buried in this federal law you will find a regulation that says you may get copies of your medical records. You can get the records; you can inspect the records, you can review the records and suggest changes for any errors you find.
The regulation that deals with your right to get medical records is 45 CFR Section 164.524. You can look at it at this link https://www.law.cornell.edu/cfr/text/45/164.524.
If you are having trouble sleeping at night, we recommend you go to the federal regulations and read. You will fall asleep right away.
You can get your records even if you have not paid for the medical services.
There is a list of exceptions to the rule that you get a copy of medical records; one such exception is psychotherapy records.
The provider can charge a reasonable, cost-based fee, provided that the fee only includes the actual cost of copying, and postage. If you ask for a summary or explanation instead of the actual records the provider can charge you for their time in preparing the summary. Electronic records should be free since there is no cost in producing the records.
If the medical provider violates these provision, you must file a charge with the Department of Labor of the federal government to enforce the law.
Here’s a link where you can file a complaint: Https://www.hhs.gov/ocr/filing-with-ocr/index.html
If we can help you in your personal injury or medical malpractice claim just give us a call. You will find our contact information by clicking this link