How Do I Access My Medical Records?

Access to patient medical records is guaranteed under the Health Insurance Portability and Accountability Act (HIPAA) of 1996. Under this law, patients may request a copy of their personal medical records and it must be provided within 30 days. Though originally designed to provide access to paper medical files, the law applies to obtaining access to your electronic medical records, as well.

Obtaining medical records is as simple as making a request to your doctor in the form of a medical records request. The exact procedure for this differs from state to state, with some requiring a written medical records request and others accepting a verbal request for your patient medical records.

Request Your Medical Records in Writing

Some advocacy groups recommend that all medical records requests be made in writing so you and the health care provider have a record of the transaction. The Privacy Rights Clearinghouse, a pro-privacy group, has put together a sample request for medical records form letter to help you obtain your personal health record.

Release of Personal Health Records: Rights and Fees

Once received, you have the right to review your personal health record and seek changes to information you think is wrong. However, if you want a hard copy of your personal medical records, doctors and hospitals may charge a “reasonable fee” to cover time and cost of materials.

You also have the option to send your personal health records directly to healthcare professionals. If you choose to go this route, most doctors say it is good to let them know ahead of time so they can know when to expect them.

Paperless Medical Records vs. Hard Copies

Proponents of transitioning to paperless medical records say that EMR / EHR systems will decrease the costs of maintaining patient medical records, making it faster and cheaper for doctors and patients to gain access to medical records.

For doctors transitioning to paperless medical records, the most successful “were characterized by even more benefits and time savings per patient,” concluded a 2003 report compiled by the University of California on small medical practices that adopted EMR/EHRs.

Sensitive Information

While most patients have no problem gaining access to medical records, there are times when your medical records request may be rejected. These situations include any time when your physician or provider believes releasing the information to you could endanger you or someone else, or when special exemptions are provided under law, such as for mental health records, which are exempted from disclosure requirements.

TAKEAWAYS:

• Access to most medical records continues to be guaranteed under the Health Insurance Portability and Accountability Act (HIPAA).

• Procedures to access medical records vary state-by-state.

• You should talk with your doctors to learn what is required to access medical records in their practice.

• There are rare cases when access to your personal health records can be denied, but generally only when the information could endanger someone, or for specially excluded practice areas.