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, 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.
Board of Registration in Medicine
The Board of Registration in Medicine website offers consumer information about medical records. There is a "frequently asked questions" section and a medical record brochure available at http://www.massmedboard.org/consumer. (As of August 2005, the discussion of copying fees on this site had not been updated to reflect current law, which permits higher fees.)
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.
If you file a complaint with your health care provider, they cannot threaten you or do anything else to get even with you.
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.
In Massachusetts, you can file a complaint with the regional OCR office at:
Office for Civil Rights
U.S. Department of Health & Human Services
JFK Federal Building Room 1875
Boston, MA 02203
(617) 565-1340 (telephone); (617) 565-1343 (TDD)
(617) 565-3809 (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.
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 doctor with the Massachusetts Board of Registration and Medicine.
You can download a complaint form from the Board’s web site at http://www.massmedboard.org
You can obtain information about complaints by calling 1-800-377-0550 or 617-654-9830.
You can file a complaint about a hospital with the Massachusetts Department of Public Health, Advocacy Office.
You may contact the Department in writing at:
Massachusetts Department of Public Health
Advocacy Office
Patient Protection Unit, Division of Health Care Quality
10 West Street, 5th Floor,
Boston MA 02111
617-753-8220 (telephone)
You can contact the Massachusetts Office of the Attorney General.
You can call the Massachusetts Office of the Attorney General, Consumer Hotline at
(617) 727-8400 if you are having problems receiving copies of medical records from a medical facility or heath care provider for assistance.
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.
You might have the right to sue to see or get a copy of your medical record under Massachusetts law in state court.
