Who Owns Your Medical Records Anyway?

A few decades ago, it was common that only a provider maintains and stores the medical records of a patient. Nowadays, under the regulations introduced in HIPPA (Health Insurance Portability and Accounting Act) in 1996, it is not the case.

It now makes you, the patient, capable of accessing your medical records, receiving copies of them and requesting any amendments. You are legally guaranteed access to your medical records. That being the case, you would think the whole process is transparent and easily attainable. However, there exist some intricacies worth noting. In this article, we will walk you through all the steps you have to take along the way.

First of all, who should I turn to?

When we embark on a journey we usually have our final destination in mind. The same goes for when we’re trying to obtain our medical records. Many clinics and hospitals have their own HIM (Health Information Management) departments. These departments have had to morph into mini IT departments since the advent of EMR (Electronic Medical Records) systems. Some clinics are smaller and may not have a dedicated team, so approaching the administrative team works in these cases. Most providers are required to keep adult medical records for at least seven years. It is from three to ten years after reaching the age of 18 or 21 for children’s records. This is the case, no matter if they are kept on paper or electronically. The majority of records, including notes, tests, and lab results, as well as billing information, are within the patient’s reach.

Do I have to fill out any documents?

The providers frequently have an already prepared request form. If the provider does not, a patient should write a letter themselves. Either way, both of the documents should include:

• The patient’s name
• Social Security number
• Date of birth
• Address
• Phone number
• Email address
• The requested records (be specific if there’s something specific you’re looking for)
• The dates of service (you can choose the time frame of records you want)
• Delivery method requested 
• The patient’s signature 

In what form can I receive my records?

As mentioned earlier, on many occasions the format of the records does not truly matter. You can have them mailed to you, printed for pick up, or even shared via a digital format. After receiving the records, one should be careful to check for accuracy. No matter how you request them, in many cases today, you’ll still receive paper copies and/or CD-ROM discs. 

Does it cost anything?

Yes, you will most likely be charged for the whole process of copying and delivering the records. Nonetheless, no one can make you pay for searching or retrieving data. Check the bills you receive for accessing your medical records, you should never be charged for anything outside of the actual cost of goods. Unfortunately, your insurance will not cover the cost of receiving your medical records. 

Can I obtain medical records of someone else?

Except for your children if you are their parent or their guardian, no, you cannot freely get access to somebody else’s medical records. For you to do that you have to provide written permission from the patient – some of the clinics already have an earlier prepared form. It’s often an arduous process that often requires you and the patient to be in the same place at the same time to make the request. 

Can I get turned down to get my records?

Some potential causes like not paying for doctor’s services may come to mind in this case nevertheless they are not a problem here. Broadly speaking, the access to records can be denied to you if they contain information which may encourage you to harm yourself or others. To be more detailed, the examples of that include:

• Psychotherapy notes
• Anything that endangers your life and safety
• Records that endanger the life, safety or confidentiality of another person who may be harmed by the release of the contained information
• Records containing information for use in a lawsuit or for ongoing research

What can I do if I the access to medical records was denied to me?

If you think that a provider has unfairly denied you access to your medical records, you can file a complaint to the Office of Civil Rights (OCR) within 180 days of the considered violation. Then the office will take appropriate measures as soon as possible. 

Vesa believes medical records are as much a basic human right as the care you receive. Click here to learn more about how we’re helping to solve this problem.