HIPAA Access Rights - A Patient's Important Tool for Her SSD claim
Updated: Nov 11, 2023
Note: This article/video is for general information only and is not legal advice to any particular reader or individual. For legal advice, you must specifically retain a lawyer who evaluates your specific situation.
A few years have passed, but the theme remains. A patient has a right to a copy of her medical records and a violation of that right can be complained to and enforced by the Office of Civil Rights. Attached is a 9/28/2015 letter from the Director of the Office of Civil Rights emphasizing this important right.
The Hi Tech provisions of HIPAA also speak volumes, and many medical providers or their third party contractors have shown difficulty understanding the obligations they are under. Similarly, the Cures Act's provision effective 4/5/21, prohibiting obstruction, is also very imperative in the battle for patient's to effectuate their right to their own medical records copies, including more complete records in their "patient portal" if a provider has such a portal. See here for downloadable PDF copy:
Below is what it looks like, this sample copy of a HiTech HIPAA that many patients have used to secure their records. Make sure you UNDERSTAND all parts to this form you may be using - so if a provider inquires of you, you properly explain. See Video explanation of the form, found BELOW it. This form is what allows patients to NOT be charged exorbitant medical records fees. This is just one sample. Not all aspects may be necessary, including some of the tongue in cheek sarcasm in the smaller print right above the signature line. We just prefer it ;)
It is possible that reticent medical providers or third party information release companies, whose staff members may misunderstand their legal obligations under HIPAA, Cures, etc. will be forced to learn what they should be trained on by virtue of a complaint about their violative conduct to the enforcer: The OCR.
Click HERE for how to file an OCR HIPAA complaint.
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