This guide is just a summary of your rights to see, get a copy of, and amend (correct) your medical record. If you have more questions or would like to file a complaint you can contact the people and organizations listed below. You can also contact professional help if necessary.
Who Can Answer My Questions About Getting and Amending My Medical Record?
There are a number of resources available to answer your questions about getting and amending your medical record.
Your health care provider
Your health care provider should be able to answer many of your questions about getting and amending your medical record. Your provider’s notice of privacy practices must contain a general description of your right to see, get a copy of, and amend your medical record. The notice also must list the name (or title) and the telephone number of a contact person who should be able to answer your questions about getting and amending your medical record. (This person often is called a privacy officer.) In addition, some providers have Web sites that list information on how to see, get a copy of and amend your medical record.
Office for Civil Rights, United States Department of Health and Human Services (OCR)
You may be able to get answers to your questions about your rights under the HIPAA Privacy Rule from OCR, the federal agency in charge of enforcing the HIPAA Privacy Rule. OCR provides fact sheets for consumers and responses to frequently asked questions on its Website http://www.hhs.gov/ocr/hipaa/ .
If you do not find your question answered here you can call OCR at 1-866-627-7748. This is a toll free number. OCR requests that you read their responses to frequently asked questions before you call this number.
What Can I Do If I Believe My Rights To Get and Amend My Medical Records Have Been Violated?
Before taking any formal action, you should try to informally solve your problems getting and amending your medical record with your health care provider. If you are unable to resolve your issues informally, there are a number of possible actions you can take.
You can file a complaint with your health care provider.
You have the right, under the HIPAA Privacy Rule, to file a complaint with your health care provider. Your health care provider’s notice of privacy practices must describe how to file a complaint.
Your provider cannot threaten you or do anything else to get even with you if you file a complaint.
You can file a complaint with the Office for Civil Rights, Health and Human Services (OCR).
You can get detailed information about filing a complaint with OCR at:
http://www.hhs.gov/ocr/privacyhowtofile.htm.
You can file a complaint with your regional OCR office at:
Office for Civil Rights
U.S. Department of Health & Human Services
150 S. Independence Mall West, Suite 372
Philadelphia, PA 19106-4440
(215) 861-4441(tel.)
(215) 861-4431 (FAX)
You can call OCR at 1-800-368-1019 if you need help filing a complaint or have a question about the complaint form. This is a toll free call.
Your provider cannot threaten you or do anything else to get even with you if you file a complaint.
You can file a complaint about your doctor with the Board of Medical Practice.
You can file a written complaint about a doctor by mail at the following address:
Board of Medical Practice
Victoria Hall
Cannon Building, Suite 203
861 Silver Lake Blvd.
Dover, DE 19904
(302) 744-4507
Can I sue my health care provider for failing to give me a copy of my medical record?
Yes. Under Delaware law if your health care provider fails or refuses to give you a copy of your medical record within 45 days of receiving your request, you can file a motion to enforce compliance with the law (Title 10, Delaware Code, Section 3926) with the Superior Court of Delaware. Generally, you must file your motion with the court no later than 60 days from the date of your original request for your record. The Superior Court must schedule your motion promptly. You can find more information about the Superior Court of Delaware on the Court’s Website at:
http://courts.delaware.gov/Courts/Superior%20Court/
You do not have the right to sue your health care provider in federal court (United States District Court) for violating your right to get and amend your medical record under the HIPAA Privacy Rule.
