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

Your Medical Record Rights in Idaho
(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.

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 under the HIPAA Privacy Rule, 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. Please note that this site does not discuss medical record rights that may be available under your state's laws.

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

You can read information about mental health resources in Idaho on the web site of the Idaho Department of Health and Welfare at: http://www.healthandwelfare.Idaho.gov.

On the home page, choose “Health” and then look for “Mental Health.”

You can read the state statutes related to rights with respect to certain mental health records online at http://www.state.id.us/. Look under Title 66, State Charitable Institutions, Chapter 3, Section 66-346.

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 Kudszus, Health Policy Institute, Georgetown University
© 2006 Georgetown University


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