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

Your Medical Record Rights in California
(A Guide to Consumer Rights Under HIPAA)
by Joy Pritts, JD

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Contents

  • About this guide
  • Disclaimer
  • Acknowledgments
  • 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?
  • 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 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?
  • Will I have to pay for my medical record?
  • Can my health care provider deny my request?
  • Summary
  • How do I add a statement to my record under California law?
  • How do I ask my health care provider to amend my medical record under the HIPAA Privacy Rule?
  • 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?
  • 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

Amend. This guide uses the word “amend” to mean adding information to your medical record to make it more accurate or complete.

Correct. This guide uses the work “correct” to mean adding information to your medical record to make it more accurate or complete.

Health care provider. This guide uses the term provider to refer to doctors, dentists, chiropractors, hospitals and other health care practitioners and facilities.

HIPAA Privacy Rule. A set of legal rules written by the United States Department of Health and Human Services (HHS) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). These rules set national standards that give patients the right to see, copy, and amend their own health information. They also set standards protecting the privacy of health information. The HIPAA Privacy Rule does not apply to everyone who keeps health information about you. Only health care providers (such as doctors and hospitals), health plans (such as health insurers and Medicare) and health care clearinghouses (organizations that put health information into or out of an electronic format) have to follow the HIPAA Privacy Rule. Other people (such as employers) generally do not have to follow the HIPAA Privacy Rule.

HIPAA. Health Insurance Portability and Accountability Act of 1996. This federal law directed HHS to write rules protecting the privacy of health information. The federal law leaves in place state laws that have privacy protections that are equal to or greater than the federal law.

Notice of Privacy Practices. A notice that health care providers must give their patients that explains the patients’ rights under the HIPAA Privacy Rule. This notice must also explain how a provider can use health information and share it with others.

Personal representative. This guide uses the term “personal representative” to refer to someone who has the legal right to make health care decisions on behalf of another person.

Right of Access. The right to see and get a copy of your medical record. 

Right to Amend. The right to add information to your medical record to make it more complete or accurate. The right to amend does not mean a right to have information erased or removed.


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Written by Joy Pritts, J.D., Health Policy Institute, Georgetown University
© 2005 Georgetown University


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