Your Rights to YOUR Medical Records

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You have the right to receive a copy of your medical records. Your medical record is a legal document. Each state has rules and regulations governing how that document must be treated. The American Hospital Association created a Patient's Bill of Rights providing access to hospital records.

With your signed consent your records can legally be sent to health insurers, hospitals, physicians, employers and others. You have the right to receive a copy of your medical records. Physician's offices and hospitals might request a formal letter from you requesting a copy be sent to you.

According to CareCounsel LLC, a company helping people understand the changing health care scene, those who should have the right to see medical records include:

bullet Adult patients, patient guardians, or conservators.
bullet Minors who have the right to agree to medical care
bullet Parents of minors (with exceptions) and
bullet Heirs or personal representatives of people who have died

As with any formal request, knowing the process helps get the best results. Here are some recommended steps:

 

Contact whoever has your records. Find out what is needed to get a copy. Take notes on what is said. If you get confused, don't be afraid to ask more questions. Remember, it is legal to get copies of your medical records in every state.

Always put your request in writing and keep a copy of the letter. Include your name, address and patient identification number (if known). Include the name of the file you want. Add that you are willing to pay reasonable copying fees (say, $.50 per page or less).


If denied access to your records:

  1. Ask that the denial be put in writing

  2. Ask why you can't see them

  3. If a law or regulation is cited, request a copy of the law or rule

  4. Ask if an appeal policy is available

If you are having trouble getting hospital records, contact the hospital medical records department for help. If you can't get help from them, contact the hospital's patient advocate. You can also ask your doctor to get copies of your hospital records for you.


When all else fails, talk to a lawyer. You might be able to get a court order for your records if you can show good cause for needing them.

 

Federal Laws


Federal hospitals -- including military, Veterans Administration and prison hospitals -- must show you your records. The federal Privacy Act and the Freedom of Information Act guarantee it. A soldier on active duty must write to the hospital at his/her post or at the previous duty station. Retirees and anyone else no longer on active duty must contact the National Archives and Records Administration (NARA), or write to:


National Archives and Records Administration
9700 Page
St. Louis, MO 63132


Be sure to include your military identification number and branch and dates of service.

 

Medical Information Bureau


You might never have heard about the Medical Information Bureau (MIB), but it has heard about you. In fact, it might know more about your health than you do. Have you ever filled out an insurance application form? These forms ask lots of questions about your health and medical history. Chances are this information has found its way to the MIB.


Insurance companies use the MIB information to make coverage decisions. If your MIB file isn't correct, you might not get insurance. Unfortunately, your right to inspect your file is limited. You can only check non-medical information; for example, the names of insurance companies who gave your information to the MIB or the names of insurance companies which received the information in your file.


But MIB gives medical information to doctors. Ask your doctor to help you get the medical information in your file. Write to the MIB. Ask for a copy of the form "Request for Disclosure of MIB Record Information."


Medical Information Bureau
P.O. Box 105
Essex Station
Boston, MA 02112
Telephone (617) 426-3660


Keeping Your Own Records


It makes sense to keep your own medical record -- for you and your family. The information can come in handy in an emergency, when traveling, when thinking about insurance issues, or when changing doctors.


You can keep your personal medical record any way you like. We suggest you try the PersonalPath.com SM Personal Health Record available online. Your information can be stored securely and privately. You and your family can access it anytime, and from anywhere. Total privacy of your online medical record is guaranteed. No one can view your record but you without your permission. You can review the PersonalPath.com SM Privacy Policy online if you have questions about security. The PersonalPath.com SM Personal Health Record is user-friendly. It prompts you for all the information you need. It also guarantees that your Personal Health Record is complete with all necessary information.

 
Reviewed Feb 2004
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