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
1301 Young Street - Suite 1169
Dallas, TX 75202
(214) 767-4056
(214) 767-8940 (TDD)
(214) 767-0432 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 should not file a complaint about your doctor’s failure to release your medical record with the Louisiana State Board of Medical Examiners.
The State Board of Medical Examiners is responsible for regulating many aspects of doctors’ conduct. However, the Board has stated that it is not authorized under law to conduct a formal investigation based on a patient’s complaint that their doctor has failed to turn over their medical record. You can read the full opinion on this issue on the Board’s website at
http://www.lsbme.louisiana.gov/investigations.htm
Can I sue my health care provider for violating my rights to get and amend my medical record?
Yes. You have the right to sue a health care provider in Louisiana to get a copy of your medical record. If you have to file a lawsuit to get your records, the court can require the health care provider pay your reasonable attorney fees and expenses related to getting the court order.
To be eligible for this relief, you must follow certain steps which are set out in Louisiana Revised Statutes, Title 40, Section 1299.96. You can read this statute on the website of the Louisiana State Legislature at
http://www.legis.state.la.us/lss/lss.asp?doc=97291
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.
