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Georgetown Public Policy Institute > Health Policy Institute > Center on Medical Record Rights and Privacy > Getting Your Medical Records > AL

Your Medical Record Rights in Alabama
(A Guide to Consumer Rights Under HIPAA)
by Joy Pritts, JD and Nina L. Kudszus

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Contents

Introduction

  • About this guide
  • Disclaimer
  • Acknowledgments

Overview

  • Summary of your rights
  • Who has to follow these laws?
  • What records do I have the right to get and amend?
  • Who has the right to get and amend my medical record?
  • How long does my provider have to keep my medical record?

Getting Your Medical Record

  • Summary
  • How do I ask for my medical record?
  • What will happen if my request for my medical record is accepted?
  • How long should it take to get my medical record?
  • Can my provider charge me for my medical record?
  • Can I control where my medical record is sent?
  • Can I get a paper, e-mail, or fax copy?
  • Can I get a summary of my medical record?
  • Can my health care provider deny my request?
  • What can I do if my provider denies my request for my record?

Amending (Correcting) Your Medical Record

  • Summary
  • How do I ask my health provider to amend my medical record?
  • What will happen if my request to amend my record is accepted?
  • How long should it take to amend my record?
  • Can my health care provider deny my request?
  • What can I do if my provider denies my request?

Asking Questions and Filing Complaints

  • Who can answer my questions about getting and amending my medical record?
  • What can I do if I believe my rights to get and amend my medical record have been violated?

Words to Know

Where to Find More Information

Where to Find More Information

This guide only discusses how to get and amend your medical records from health care providers who have to follow the HIPAA Privacy Rule. The guide mentions some related topics without discussing them in detail. Here are some resources where you can find information about these related topics.

Alabama Health Record Access Laws

Some health care providers do not have to follow the HIPAA Privacy Rule. These providers must still follow Alabama laws that set limits on the amount that certain providers can charge for copying medical records.

Information about permissible fees for copying hospital records can be found in the Alabama State Code, Title 12 (Courts), Chapter 21 (Evidence and Witnesses), Section 12-21-6.1 (Reproduction and Delivery of Medical Records). You can read this statute online at:

http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

Rules on copying fees for doctors can be found in the Alabama Administrative Code, Title 545 (Medical Licensure Commission of Alabama), Chapter 545-X-4 (Miscellaneous), Section .08 (Joint Guidelines of the State Board of Medical Examiners and Medical Licensure Commission for Medical Records Management). You can read this rule online at:

http://www.alabamaadministrativecode.state.al.us/alabama.html

Please note that this site only works with certain search programs, such as Internet Explorer.

Alcohol and Drug Treatment Records

Records related to alcohol and drug treatment may be subject to other privacy rules. You can get more information about these records at:

http://hipaa.samhsa.gov/Part2ComparisonCleared.htm

Medical Records in General

You can read general information on your medical record rights, the flow of medical information, and how to create a personal medical record at http://www.myphr.com/,

a Website operated by the American Health Information Management Association, an association of professionals who manage medical records and information.

Medical Terms

You can find out the meaning of many medical terms and medical shorthand from the Medical Library Association’s Website at:

http://www.mlanet.org/resources/consumr_index.html

Your library might also have books or brochures that explain medical terms. 

Mental Health Treatment Records

Alabama's Mental Health Consumers' Rights Act, is located in the Alabama State Code, Title 22 (Mental Health), Chapter 56 (Alabama's Mental Health Consumers' Rights Act). You can read this statute on the Website of the Alabama Legislature at:

http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

Please note that this site only works with certain search programs, such as Internet Explorer.

The HIPAA Privacy Rule treats most mental health treatment records like other medical records. However, psychotherapy notes (as defined by the HIPAA Privacy Rule) are treated differently. You can read about how these notes are treated in the Summary of the Privacy Rule written by the Office for Civil Rights, HHS at:

http://www.hhs.gov/ocr/hipaa/


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Written by Joy Pritts, J.D. and Nina L. Kudszus, Health Policy Institute, Georgetown University
© 2006 Georgetown University


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