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Introduction
Medical records are an important part of your health care. These records are a written history of your health condition and treatment. They are used by doctors, hospitals, dentists, health care clinics, and other health care providers to treat you.
A federal law called the HIPAA Privacy Rule gives you the right to get and amend (correct) your medical record. (HIPAA stands for the “Health Insurance Portability and Accountability Act.”) California law also gives you rights in your medical record.
About This Guide
This guide describes how to get and amend or correct medical records from California doctors, hospitals and other health care providers that have to follow the HIPAA Privacy Rule. If you get your medical care in another state, different rules will apply. You can read guides for other states at http://hpi.georgetown.edu/privacy/index.html.
This guide was designed so that you can read just the parts that interest you. For example, if you are interested in how much your provider can charge you for copying your medical record, you may want to focus on that part of the guide. We urge everyone to read “Who Is Covered by These Rules?” so that you can be sure the guide applies to your provider. Because we expect most people to read only parts of the guide, some basic information is repeated throughout the guide.
The rules explained in this guide only apply when you ask for your own medical record or when you ask for someone’s medical record as their personal representative. The rules do not apply when you request that your health care provider give your record to someone else (such as another doctor or a lawyer).
This guide does not discuss mental health records or records about drug and substance abuse treatment. Section 6 of this guide lists some resources where you can find some information about your right to get and amend these types of records.
Words to Know
Some of the words in this guide have a special meaning. This guide uses the phrase “health care providers” to mean doctors, dentists, chiropractors, podiatrists, hospitals and others. Section 5 explains this and other words that are helpful to know. These words are in boldface print the first time they appear in each section of the guide.
Rather than use the awkward phrases “he, she, or it” and “his, her, or its” this guide uses “they” and ‘theirs” when referring to health care providers in a general way. Examples that use “he” or “she” are meant to refer to both genders.
Disclaimer
The author has made every attempt to assure that the information in this guide is accurate as of the date of publication. Many areas of the law can be interpreted more than one way. This guide has tried to interpret the law in a way that is consistent with protecting health care consumer rights. Others might interpret the law in another way. This guide is only a summary. The rights and procedures described in this guide can change depending on the circumstances. The information in this guide may not apply to your particular situation.
This guide should not be used as a substitute for legal or other expert professional advice. The author, Georgetown University, and the National Library of Medicine specifically disclaim any personal liability, loss, or risk incurred as a consequence of the use of any information in this guide.
This guide should not be used as a substitute for legal or other expert professional advice. The author, Georgetown University, and the National Library of Medicine specifically disclaim any personal liability, loss, or risk incurred as a consequence of the use of any information in this guide.
Acknowledgments
This work was partially funded by grant G13LM8312 from the National Library of Medicine. The author also extends her appreciation to the California HealthCare Foundation, which funded the original research upon which this guide is largely based.
In addition, sincere thanks to Lavonne LaMoureaux, RHIA, CAE, Executive Director, California Health Information Association for reviewing this guide and to Jeffrey S. Crowley, MPH; Mila Kofman, JD, and Kevin Lucia, JD for their input on early versions of the guide. Their comments were invaluable. Any mistakes in the guide, however, are solely the responsibility of the author.
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Written by Joy Pritts, J.D., Health Policy Institute, Georgetown University
© 2005 Georgetown University
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