HIPAA

HIPAA is a federal law that gives you the right to:
- Ask to see and get a copy of your health records
- Have corrections added to your health information

All doctors and hospitals have been very aware of HIPAA since it went into law several years ago. Doctors have had to change the way they handle their medical practices and medical records because of HIPAA, and it’s been a pretty big hassle for them, so when you mention “HIPAA” (hip’-uh) to your doctor, the nurse, or the hospital, they will be aware of what you’re talking about.
Just below is the part of HIPAA, as described by the U.S. Department of Health & Human Services, which pertains to you specifically about your rights regarding your medical records. Your doctor is a “provider” who is a “covered entity” (terms that are used below). This means that this law applies to him. The law is quoted in italics below.
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“What Rights Does This Law Give Me Over My Health Information

Health Insurers and Providers who are covered entities must comply with your right to:

Ask to see and get a copy of your health records
Have corrections added to your health information
Receive a notice that tells you how your health information may be used and shared
Decide if you want to give your permission before your health information can be used or shared for certain purposes, such as for marketing
Get a report on when and why your health information was shared for certain purposes
If you believe your rights are being denied or your health information isn’t being protected, you can
File a complaint with your provider or health insurer
File a complaint with the U.S. Government
You should get to know these important rights, which help you protect your health information.
You can ask your provider or health insurer questions about your rights.”
Above found at http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html, click on “What Rights Does This Law Give Me Over My Health Information.” Accessed on February 3, 2009.
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And note that on the left-hand side of that page, there is a place to click that says “How to File a Complaint.” Your doctor must follow this federal law, and you should make a complaint to the federal government if he doesn’t.
The federal HIPAA law can be found in PDF form at: http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/privacysummary.pdf.
On pages 12 and 13 of the “Summary of the HIPAA Privacy Rule,” see the paragraphs (copied below) about your right to see and correct your medical records. Note that this is somewhat in legalese. That’s why the federal government made the plain English version above, so that you can better understand it.
But your doctor may need you to print out and bring the rule itself, in order to be convinced. The summary of the rule at the above website is 25 pages, and includes your right to view and make corrections to your medical record (which we’ve quoted in italics just below). (And after the law is quoted here, be sure and scroll down this page for a few more facts.)
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“Access. Except in certain circumstances, individuals have the right to review and obtain a copy of their protected health information in a covered entity’s designated record set. The “designated record set” is that group of records maintained by or for a covered entity that is used, in whole or part, to make decisions about individuals, or that is a provider’s medical and billing records about individuals or a health plan’s enrollment, payment, claims adjudication, and case or medical management record systems. The Rule excepts from the right of access the following protected health information: psychotherapy notes, information compiled for legal proceedings, laboratory results to which the Clinical Laboratory Improvement Act (CLIA) prohibits access, or information held by certain research laboratories. For information included within the right of access, covered entities may deny an individual access in certain specified situations, such as when a health care professional believes access could cause harm to the individual or another. In such situations, the individual must be given the right to have such denials reviewed by a licensed health care professional for a second opinion. Covered entities may impose reasonable, cost-based fees for the cost of copying and postage.
Amendment. The Rule gives individuals the right to have covered entities amend their protected health information in a designated record set when that information is inaccurate or incomplete. If a covered entity accepts an amendment request, it must make reasonable efforts to provide the amendment to persons that the individual has identified as needing it, and to persons that the covered entity knows might rely on the information to the individual’s detriment. If the request is denied, covered entities must provide the individual with a written denial and allow the individual to submit a statement of disagreement for inclusion in the record. The Rule specifies processes for requesting and responding to a request for amendment. A covered entity must amend protected health information in its designated record set upon receipt of notice to amend from another covered entity.”
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AND, don’t let doctors discourage you from seeing your records because “it would cost $250” or something. Each state medical board has rules that apply to how doctors in each state must perform in order for patients to be able to see their records, and cost itself usually cannot be a factor. Many state medical boards give you the option of looking at the record in the physician’s office, instead of paying for the record to be copied.
SO, the federal government allows you the access to your medical records, and the ability to correct them, but then you may need to see what your individual state medical board (e.g., Texas Medical Board) says about how your doctor is required to give you access.