This guide is just a summary of your rights to see, get a copy of and amend 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 a lawyer 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 (correcting) 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 is often 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.
Maryland Attorney General’s Health Education and Advocacy Unit
For assistance in getting your medical record from health care facilities and health care providers (such as doctors) you can contact the Maryland Attorney General’s Health Education and Advocacy Unit at 1-877-261-8807.
Office for Civil Rights, United States Department of Health and Human Services
You may be able to get answers to your questions about your rights under the HIPAA Privacy Rule from the Office for Civil Rights, United States Department of Health and Human Services (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 questions answered there 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 discuss problems and issues you have about getting and amending your medical record with your health care provider. It is possible that you may be able to resolve your issues informally. It is also likely that if you contact someone for assistance, they will ask whether you have tried to solve your problem informally. If you believe your rights have been violated and 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 your complaint.
If you file a complaint with your 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, United States Department of 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
150 S. Independence Mall West - Suite 372
Philadelphia, PA 19106-3499
(215) 861-4441; (215) 861-4440 (TDD)
(215) 861-4431 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 health care provider by contacting the appropriate licensing board.
You can file a complaint against a doctor with the Maryland Board of Physicians at:
Maryland Board of Physicians
INTAKE UNIT
4201 Patterson Ave.
Baltimore, Maryland 21215
You can download a complaint form from the Board’s web site at:
http://www.mbp.state.md.us/pages/cform.html .
If you have questions, you can call 410-764-2480 or 1-800-492-6836 ext. # 2480
You can file a complaint about a hospital with the Office of Health Care Quality at:
Office of Health Care Quality
Spring Grove Hospital Center
Bland Bryant Building
55 Wade Avenue
Catonsville, Maryland 21228
For further information or to submit your complaint by phone, call 410-402-8000 or
1-877-402-8218 (toll-free).
You can obtain additional information about filing complaints against hospitals and download a complaint form from the Maryland Health Care Commission’s web site at: http://hospitalguide.mhcc.state.md.us/Misc/complaint_info.htm
You can request assistance from the Maryland Attorney General’s Health Education and Advocacy Unit.
For assistance in getting your medical record from health care facilities and health care providers (such as doctors) you can contact the Maryland Attorney General’s Health Education and Advocacy Unit at 1-877-261-8807.
Can I sue my health care provider for violating my rights to get and amend my medical record?
You have the right to sue your health care provider in Maryland state court for violating your rights under state law to get and amend your medical record. If your health care provider knowingly refuses to furnish your medical record within 21 working days after the date of your request, they may be liable to you for actual damages.
You do not have the right to sue your health care provider in federal court for violating your right to get and amend your medical record under the HIPAA Privacy Rule.
