Right to Access
Patients have the right to:
- Access or inspect their health record
- Obtain a copy from their health care provider
- Reasonable fees may be charged for copying
- Access and copying for as long as information is retained
- There are a few exceptions
For the first time ever, there is a federal law that gives patients a right to access their medical records. All health care providers or payers required to follow the HIPAA regulations must allow their patients to review their medical records. In the past, the right to access medical records was determined by state regulations, but state regulations varied greatly. In many instances, patients didn't have any right to gain access to their own medical records.
Under HIPAA, patients have the right to inspect their medical records. An organization can require that the patient make their request in writing and must provide the record within 30 days of request. If the records are not kept on-site, an organization has up to 60 days to act on the request by the patient.
In addition to inspecting the records, patients also have the right to request a copy of their records. The organization can charge a reasonable fee for the cost of copying. Many states have established an acceptable fee for copies of medical records.
Because many organizations destroy records after a period of time, patients cannot expect that records will be maintained indefinitely, but can have access to them for as long as the records are maintained by the organization.
There may be some situations where organizations can deny access to the records--for example, if the information would be harmful to the patient or another person.
At Magers, refer the individual to the appropriate person or department to access their records.
If you would like to view the Communication Accommodation Form or the Access Request Form, please click on the following links.
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