Re: saw my new PCP

On Sep 28, 11:15 am, Mike Berkowitz
<mkb...@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx> wrote:
I cannot even get my full
health record from her.

http://www.privacyrights.org/fs/fs8b-MedFAQ.htm

"2. Do I have a right to my medical records?

Yes. The HIPAA medical privacy law gives you the right to see and get
copies of your own medical records. There are a few exceptions. For
example, HIPAA does not give you the right to access psychotherapy
notes or information compiled for use in litigation. Your request may
also be denied if the provider decides access to the records could
result in harm to you or another person."
"4. How do I get access to my own medical records?

HIPAA requires health care providers to allow you access to your
medical records upon request. The privacy notice you receive must
include information about how you can obtain copies of your medical
records. If a written request is necessary, the privacy notice should
also tell you this.

If you receive care in a federal medical facility, you have a right to
obtain your records under the federal Privacy Act of 1974 (5 USC sec.
552a, www.usdoj.gov/foia/privstat.htm).

We advise that you make your request in writing. If you are denied
access, you 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. For a state-by-state guide to health privacy law, go to
hpi.georgetown.edu/privacy/records.html and chose your state from the
list on the right.

For a sample letter on requesting access to your medical records, see
www.privacyrights.org/Letters/medical2.htm."

Sample Letter to Request Health Records

[Your name]
[Your address]
[Date]

[Name of care provider or facility]
[Address]

RE: [Your medical identification number or other identifier used]

Dear

The purpose of this letter is to request copies of my medical records
as allowed by the Health Insurance Portability and Accountability Act
(HIPAA) and Department of Health and Human Services regulations.

I was treated in your office [at your facility] between [fill in
dates]. I request copies of the following [or all] health records
related to my treatment.

[Identify records requested, e.g. medical history form you provided;
physician and nurses' notes; test results, consultations with
specialists; referrals.]

[Note: HIPAA also allows you to request a summary of your medical
records. If you prefer a summary, you should agree to a fee
beforehand.]

I understand you may charge a "reasonable" fee for copying the
records, but will not charge for time spent locating the records.
Please mail the requested records to me at the above address. [If you
request that the records be mailed, you may also be charged for
postage.]*

I look forward to receiving the above records within 30 days as
specified under HIPAA. If my request cannot be honored within 30 days,
please inform me of this by letter as well as the date I might expect
to receive my records*.

Sincerely,



[Your signature]
[Your name printed]

*Under HIPAA you can be charged a "reasonable" fee for copying
records. You may also be charged for postage if you ask that records
be mailed to you. HIPAA allows 30 days for a provider to respond to
your request for records, with one 30-day extension for good reason.

Your state laws may include a lower fee for copies of records or a
shorter time for the provider to respond to your request. The
Georgetown University Center on Medical Rights and Privacy includes
state-specific guides for 32 states. Before composing your request for
medical records, visit this site for information about your state.
http://hpi.georgetown.edu/privacy/records.html


They cannot deny access to your records. You have the right to obtain
copies of them as long as you request them in writing and make sure to
let them know you're aware that you have that right. If they fail to
comply you can take them to court.

Trisha in MO




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