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 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
You may be able to get answers to your questions about your rights under the HIPAA Privacy Rule OCR, from the office for Civil Rights, U.S. 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, your health care provider 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).
Complaints must be in writing. You can get detailed information about filing a complaint with OCR at http://www.hhs.gov/ocr/privacyhowtofile.htm.
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. 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 medical doctor with the New York State Department of Health, Office of Professional Medical Misconduct at:
New York State Department of Health
Office of Professional Medical Conduct
433 River Street, Suite 303
Troy, NY 12180-2299
Complaints must be in writing. You can obtain information about filing a complaint and download a complaint form at: http://www.health.state.ny.us/nysdoh/opmc/main.htm.
You can also call 1-800-663-6114 (toll free) to get a complaint form or if you have questions.
You can file a complaint about health care professionals other than medical doctors (such as dentists, chiropractors and podiatrists) with the New York State Education Department, office of Professional Discipline at:
1-800-442-8106 (complaint hotline)
conduct@mail.nysed.gov (e-mail)
You can write to or send a complaint form to:
State Education Department
Office of Professional Discipline
1 Park Avenue, 6th Floor
New York, NY 10016
You can also send a complaint form to a regional office. You can get more information about filing complaints, obtain a list of regional offices, and download a complaint form at: http://www.op.nysed.gov/opd.htm or http://www.op.nysed.gov/faq.htm#complain.
You can file a complaint against a hospital with the New York State Department of Health, Bureau of Hospital and Primary Care Services.
You can file a complaint against a hospital with the appropriate regional office of the New York State Department of Health.
You can obtain information about filing complaints, obtain a list of regional offices and download a complaint form at:
http://www.health.state.ny.us/nysdoh/consumer/director/hospcare.htm
Can I sue my health care provider for violating my right to get my medical record?
Under New York law, you have the right to sue in state court to get your medical record or for other violations of your state rights. If your provider denied your request because of potential harm, you must first request a review by a medical access review committee. If the review committee also denies your request for your record, you can bring an action in state court to get your record.
You do not have the right to sue your health care provider in federal district court (U.S. District Court) for violating your right to get and amend your medical record under the HIPAA Privacy Rule.
