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. 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, 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 office in charge of enforcing the HIPAA Privacy Rule. OCR provides fact sheets for consumers and responses to frequently asked questions on its Website at http://www.hhs.gov/ocr/hipaa/ .
If you do not find your question answered here you can call OCR at 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 your complaint.
You can file a complaint with the Office for Civil Rights, U.S. Department of Health and Human Services (OCR).
Complaints must be in writing. You can get detailed information about filing a complaint with OCR at http://www.hhs.gov/ocr/privacyhowtofile.htm.
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.
If you file a complaint with OCR, your health care provider cannot threaten you or do anything else to get even with you.
You can file a complaint about a licensed health care practitioner (such as a doctor or dentist) with the Department of Professional Regulation at:
Illinois Department of Professional Regulation
Complaint Intake Unit
100 W. Randolph Street #9-300
Chicago, IL 60601
312-814-6910 (Telephone)
You can file a complaint online at http://www.idfpr.com
You can file a complaint about your hospital with the Department of Health at:
Illinois Department of Health
Office of Health Care Regulation
525 W. Jefferson St., 5th Floor
Springfield, IL 62761-001
You can call the Department of Health’s hotline for filing complaints at 1-800-252-4343.
This is a toll free call.
Can I sue my health care provider for violating my rights to get and amend my medical record?
Under Illinois law, you have the right to sue in Illinois Circuit Court to get your medical record if your health care provider does not give you your records within the deadlines set by state law (generally 30 days, 60 days if the provider has notified you that they need an extension). If the court orders your health care provider to give you your records, your provider may have to pay your expenses and reasonable attorney’s fees.
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.
