Both the HIPAA Privacy Rule and Maryland law give you rights to your medical record. The HIPAA Privacy Rule sets standards that apply to records held by health care providers across the nation. Maryland law sets standards for records held by health care providers within the state. If a standard is different under the HIPAA Privacy Rule than it is under Maryland law, your health care provider must follow the law that is the most protective of your rights.
Summary of Your Rights
In Maryland you have the right to:
- See and get a copy of your medical record.
Your health care provider usually must let you see your medical record or give you a copy of it no more than 21 working days after receiving your request. Your health care provider is allowed to charge you for copies of your medical record. They can also charge you for postage.
- Have information added to your medical record to make it more complete or accurate.
This right is called the right to amend your record. In some cases, your health care provider can deny your request to amend your record. If this happens, you have the right to add a short statement to your record explaining your position.
- File a complaint.
You have the right to file a complaint with the Office for Civil Rights, U.S. Department of Health and Human Services if you believe your health care provider has violated your right to see, get a copy of, or amend your medical record. You can also file a complaint with the state agency that regulates your health care provider.
- You have the right to sue in state court if your health care provider violates your rights under Maryland law.
You have the right to sue in state court if your health care provider violates Maryland laws that give you the right to see and get a copy of your medical record.
You can learn more about these rights in the following sections of this guide.
Who Has to Follow These Laws?
Most Maryland health care providers (such as medical doctors, chiropractors, and hospitals) must follow both the HIPAA Privacy Rule and state laws that give patients rights in their medical records.
There are some health care providers, however, that do not have to follow the HIPAA Privacy Rule. The HIPAA Privacy Rule only covers health care providers that use computer technology to send health information for certain administrative or financial purposes (such as filing claims for insurance).
Sometimes Ashley goes to a doctor at a free clinic for medical treatment. The doctor does not accept private insurance, Medicaid, or Medicare. The doctor does not file any insurance claims. Ashley’s doctor probably does not have to follow the HIPAA Privacy Rule. This is because the doctor does not appear to send health information for the types of administrative or financial purposes that would make her a covered health care provider under the HIPAA Privacy Rule.
If you have questions about whether your health care provider must follow the HIPAA Privacy Rule, you can contact the Office for Civil Rights, U.S. Department of Health and Human Services (OCR), the agency that is in charge of enforcing the HIPAA Privacy Rule. Section 4 of this guide lists contact information for OCR.
What happens if my provider does not have to follow HIPAA?
Even if your provider does not have to follow the HIPAA Privacy Rule, they still have to follow Maryland laws that give you rights to your medical record. Section 6 lists some resources where you can read these state laws.
This guide, however, only explains how to get your medical record from Maryland providers who have to follow the HIPAA Privacy Rule and state law.
What Records Do I Have the Right to Get and Amend?
You have the right to see and get a copy of your medical record. You also have the right to correct your medical record by having information added to it to make it more complete or accurate. This right is called the right to amend your record. (This guide will call these rights the right to "get and amend.")
- Your medical record includes such things as:
- Information that identifies you, such as your name and Social Security number.
- Information that you tell your doctor or health care provider, such as:
- Your medical history.
- How you feel at the time of your visit.
- Your family health history.
- The results of your examination.
- Test results.
- Treatment received in a hospital.
- X-rays, records made by heart monitors, and similar items.
- Medicine prescribed.
- Notes your doctor makes about you.
- Other information about things that can affect your health or health care.
You have the right to see and get a copy of these records whether they are kept on paper or are kept on a computer.
What happens if my medical record has information in it that came from a different health care provider?
Generally, if your provider has the medical information that you request, they must give it to you. You have the right to get the information no matter who originally put it in the record. In Maryland, when you request your record you must specifically ask for any information that was developed by another provider. Your right to amend this information may be limited, though. For more information about the right to amend information in your record you can read Section 3 of this guide.
Do I have the right to get and amend records about my mental health treatment? Maybe. The rules for when you can get and amend your records about mental health treatment can be different. For example, psychotherapy notes are treated differently than other records under the HIPAA Privacy Rule. Because the rules for mental health records can be different they are not discussed in this guide. You can find some resources that explain your rights in these types of records in Section 6.
Who Has the Right to Get and Amend My Medical Record?
You have the right to see and get a copy of medical records that are about you. You also have the right to correct medical records that are about you by having information added to them. (This guide calls these rights the right to "get and amend" your medical record.) If there is someone who has the authority to consent for health care on your behalf, they usually also have the right to get and amend your medical record.
Do I have the right to get and amend my minor child’s medical records?
Usually, yes. As a parent or guardian, you usually have the right to get and amend your minor child's medical record. In Maryland, parents generally have these rights when a child is younger than 18 years old.
As a parent, do I always have the right to get and amend my child’s medical record?
No. A parent does not always have the right of access to a minor child’s medical record. For example, when a provider reasonably believes that a parent is abusing or neglecting a child, the provider does not have to give the parent access to the child’s medical record.
Some other situations where parents do not have the right to get and amend their children's medical records are discussed in the following questions and answers.
Who has the right to get and amend my child’s medical record once she turns 18?
Once your child turns 18, she has the right to get and amend her own medical record. This includes the right to get records that were created when she was younger. After your child turns 18, you usually no longer have the right to get and amend her medical record just because you are her parent.
I am under 18 and am married. Who has the right to get and correct my medical record?
In Maryland, if you are under 18 and married, you have the right to consent to your own medical treatment. You also have the right to get and amend medical records that are related to treatment for which you have given consent.
I am an unmarried minor but I can legally consent to certain kinds of medical treatment without my parents’ permission. Who has the right to get and amend my records that are related to this treatment?
It depends. In Maryland, as an unmarried minor you can consent to certain types of medical treatment without the permission of your parents. For example, you can consent to treatment related to sexually transmitted diseases without the permission of your parents. When you consent to treatment for a sexually transmitted disease, you have the right to get and amend your medical record related to this treatment. In Maryland, it is up to your health care provider whether to provide your parents information regarding this treatment.
Example
Jason is 15 and is sexually active. Jason gives his permission to be tested for gonorrhea, a sexually transmitted disease. Jason’s mother later requests a copy of Jason’s medical record. It is up to Jason's provider to decide whether Jason’s mother may get the part of his medical record that is related to his test for gonorrhea.
The rules may be different when you, as a minor, obtain other sorts of treatment without parental consent.
If you have questions or concerns about whether your parent will have access to your medical information, you should talk to your health care provider.
I am named as the health care agent for my mother in her advance directive. Do I have the right to get and amend her medical records?
Yes. If you are your mother’s health care agent, you generally have the right to get and amend the part of her medical record that is relevant to making health care decisions on her behalf. You have these rights only while the power of attorney is in effect
Maria’s mother signed an advance directive. If Maria’s mother is not able to make decisions about her health care, this form gives Maria the power to make such decisions. Maria’s mother was in a bad accident and is not able to make decisions about her health care. Maria now has the right to make decisions on her mother’s behalf. She also has the right to get and amend medical records that are relevant to making these decisions. For example, Maria has the right to see the records about her mother’s current medical condition and treatment.
Maria is curious about the time her mother had a miscarriage. Maria wants to look at these old medical records. Maria does not have the right to get and amend these old medical records because the records have nothing to do with her mother’s current condition or treatment.
It depends. In Maryland, you have the right to get a deceased person’s medical records from a health care provider if you are the deceased person’s duly appointed personal representative such as the executor or administrator of their estate.
How Long Does My Provider Have to Keep My Medical Record?
Maryland health care providers usually must keep your medical records at least 5 years after the date the record was made or until you are 21, whichever is longer. In practice, many health care providers keep their records longer.
You have a right to get and amend your medical record for as long as your health care provider has it.
