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
601 East 12th Street - Room 248
Kansas City, MO 64106
(816) 426-7278;
(816) 426-3686 FAX
You can call OCR toll-free at 1-800-368-1019 if you need help filing a complaint or have a question about the complaint form.
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 health care professional with the Kansas State Board of Healing Arts.
The Kansas State Board of Healing Arts regulates a number of different health care professionals including medical, osteopathic, chiropractic, and podiatric doctors and other professionals. You can read a full list of professionals regulated by the Board, find a description of their disciplinary procedures and download a complaint form from the Board's Web site at http://www.ksbha.org/disciplinary.html
The Board of Healing Arts provides a list of boards that regulate other health care professionals at http://www.ksbha.org/contacts.html
Can I sue my health care provider for violating my rights to get and amend my medical record?
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.
Under Kansas law, you have the right to sue in state court to get access to your medical record. You must show the court that you tried to solve your issue informally with your health care provider before you file your lawsuit. If the court finds that your provider did not have a good reason for denying your request, the court will order the records produced without cost or expense to you.
