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

Your Medical Record Rights in Illinois
(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 provider deny my request for my medical record?
  • What can I do if my provider denies my request?
  • Summary
  • How do I ask my health care 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 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?

Where to Find More Information

This guide only discusses how to get and amend (correct) 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 places 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

Illinois Medical Record Access Laws

Some health care providers do not have to follow the HIPAA Privacy Rule. These providers must still follow Illinois laws that give you the right to see and get a copy of your medical record. You can read the state statutes that address how to get your medical records on the Web site of the Illinois General Assembly at http://www.ilga.gov/ . Look under "Illinois Compiled Statutes," Chapter 735, Code of Civil Procedure, Article VIII, Part 20, Sections 8-2001 through 8-2003.

Medical Records in General

You can read general information on your medical record rights, 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.

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 Records

You can get information about your rights in your mental health records under Illinois law from Illinois Legal Aid Online at http://www.illinoislegalaid.org/. Information on access to mental health records is countained in the document titled "Rights to Confidentiality for People with Mental and Developmental Disabilities" which can be found using the search term "mental health record."

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 find what types of records are included in psychotherapy notes and 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., Health Policy Institute, Georgetown University
© 2007 Georgetown University


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