Accessing Your Medical Records
The private health information contained in your medical records is protected by the Health Insurance Portability and Accountability Act (HIPAA). HIPAA was enacted to regulate healthcare service providers and protect information about your personal health. Under HIPAA regulations, you are the only person who has full access to your medical records.
Getting your medical records for yourself is as simple as requesting a copy from your doctor or the hospital where you received service. After requesting your medical records, the healthcare entity must provide you with a copy within 30 days of your request in most states. While you may verbally ask for a copy of your medical records, it is usually a good idea to make your request in writing so that you have evidence of when you submitted your request. There may be a small fee for obtaining a copy of your medical records that covers administrative costs.
Many healthcare providers have a form for patients to fill out to request a copy of their medical records. If your provider does not have a form, be sure to include the following information when writing a request for your medical records:
• Date of request
• Full Name
• Address
• Telephone number
• Date of birth
• Medical record number (if you know it)
• Information or date ranges that you would like to see or receive a copy of
• How you would like to receive your copy (will you pick it up or would you like it delivered?)
• Your signature
Just because you request a copy of your medical records and have full access to them, your request may still be turned down. Your healthcare provider may deny your request if your medical records contain information that could endanger your health or the health of another (i.e., mental health records), if you repeatedly ask for copies, and if you are involved in litigation with your healthcare provider. If you are denied access to your medical records, your healthcare provider must provide you with a reason why you cannot have access.
If you have reason to believe that you have been the victim of medical malpractice and are having difficulty obtaining a copy of your medical records, it’s important to contact an experienced attorney as soon as possible. An attorney should not only be able to help you obtain your medical records, but conduct a thorough investigation to help you determine if you have a case against a medical institution or healthcare provider.
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