Quote from limabean
i have a question about hippa rules. is there a generalized hippa rule about a patient accessing their medical records? more specifically, if a patient wants to get a copy of their medical records from their primary doctor's office do they have this right? my husband went to his doctors office and tried to get a copy of his records b/c he is switching primary care physicians. they told him that he would have to sign the form, the doctor would have to review it ( and the doctor would decide if he would release the medical records to the patient). now i understand the doctor being required to review it and sign the form also, but doesn't the patient have a right to his medical records also? can the physician have the power to say no...you can not have a copy? thanks for any help.
yes, the patient has a right to receive the medical records at the physician's office. each office/facility has a privacy officer (po). when these requests are made, the po should review the written request, then, the patient may receive the medical records. no one can be denied access. if your husband has a problem, this should be reported. some areas do not require the po to review. but, the facility has a right to allow the po to review the request.
if he is denied access, he can file a complaint with the u.s. department of health and human service's office of civil rights. your state's medical privacy law might also enable you to file a complaint with state regulators.
u.s. department of health and human services
office of civil rights
200 independence avenue, s.w.
washington, d.c., 20201
phone: (866) 627-7748
to link to medical boards in the 50 states, the american medical association.
hopes this helps you.