Who Has to Follow These Laws?
Most Oregon health care providers (such as doctors 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 computers 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 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 Rule.
If you have questions about whether your health care provider must follow the federal 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 if my health care 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 Oregon laws that give you rights with respect 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 Oregon providers who have to follow the HIPAA Privacy Rule and state law.
Are nursing homes covered by HIPAA?
Yes. Most nursing homes are covered by the HIPAA Privacy Rule. They also have to follow other specific rules that only apply to nursing homes and long term care facilities. Because the rules for nursing homes are different than they are for other health care providers, they are not covered by this guide.
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. This right often is called the right to access your medical record. You also have the right to have information added to your medical record by 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, 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.
- 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, get a copy of, and amend these records whether they are kept on paper, on a computer, or in other format.
Who owns my medical record?
Under Oregon law, your health care provider owns the actual medical record. But you have the right to see and get a copy of it.
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. Your right to amend this information may be limited, though. For more information about how to amend information in your record you can read Section 3 of this guide.
Do I have the right to get and amend records related to substance abuse or mental health treatment?
Maybe. The rules for when you can get and amend your records about mental health and substance abuse treatment can be different. For example, psychotherapy notes are treated differently than other records under HIPAA. Because the rules for mental health and substance abuse records can be different from other medical records, 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 acts as your personal representative for health care, they usually have the right to get and amend your record on your behalf.
Do I have the right to get and amend my minor child’s medical record?
Generally, yes. As a parent or guardian, you generally have the right to get and amend your minor child’s medical record. In Oregon, you usually have these rights when your 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 to get and amend a minor child’s medical record. For example, if a health care 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 child’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, your child has the right to see, get a copy of, and amend her own medical record. This includes getting access to records that were created when she was still a minor. After your child turns 18, you usually no longer have the right to get and amend your child’s medical record just because you are her parent.
I am under 18 and am married. Who has the right to get and amend my medical record?
In Oregon, 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 this treatment. Your parents generally do not have the right to access your medical record once you are emancipated.
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 Oregon, as an unmarried minor you can consent to certain types of medical treatment without the permission of your parents. For example, in Oregon:
- If you are 15 or older you may consent to medical and dental diagnosis and treatment without your parents' permission.
- If you are any age you may consent to the provision of information and services for birth control or the diagnosis or treatment of venereal disease (including HIV testing) without the permission of your parents.
When you, as a minor, consent to such treatment, you have the right to get and amend the medical records related to the treatment. In Oregon, it is up to your health care provider to decide whether your parents also can get and amend records related to this treatment, with the exception of HIV testing. When you consent to an HIV test, your test results are confidential and your provider may not share the results with anyone, including your parents, without your permission.
Jason is sexually active and under 18. He consents to be treated for chlamydia, a sexually transmitted disease. Jason’s mother later requests a copy of his medical record. It is up to Jason’s doctor, using his professional judgment, to decide whether Jason’s mother should get the part of the record about Jason’s chlamydia treatment.
The rules may be different when you, as a minor, obtain testing or treatment for other medical conditions (such as for mental or emotional disorders or chemical dependency) 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 listed as my mother’s health care representative on her health care power of attorney. Do I have the right to get her medical records?
Yes. If you are named as your mother's health care representative on her health care power of attorney form, you generally have the right to get and correct her medical records that are relevant to making health care decisions on her behalf. You have the right of access only while the health care power of attorney is actually in effect.
Maria’s mother signed a health care power of attorney form that gives Maria the power to make health care decisions if her mother is unable 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 health care decisions on her mother’s behalf. She also has the right to get her mother’s medical records. 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.
My father recently died. Do I have the right to get his medical record?
It depends. In Oregon, you have the right to get a deceased person’s medical records from a health care provider if you are the personal representative of the deceased person's estate (such as the executor or administrator of the estate). If there is no personal representative of the estate, the following persons, in the following order, may have access to a deceased's medical records:
- The appointed guardian of a minor who has the authority to make medical and health care decisions at the time of the individual's death.
- The deceased person's spouse.
- An adult designated in writing by the persons on this list, if no other person on this list objects.
- A majority of the adult children of the deceased who can be located.
- Either parent of the deceased (or a person acting in loco parentis to the deceased).
- A majority of the adult siblings (brothers and sisters) of the deceased who can be located.
- Any adult relative or adult friend.
The right of access belongs to the first person on the list who can be located with reasonable effort and who is willing to serve as the deceased's personal representative for medical record access and disclosure.
How Long Does My Provider Have to Keep My Medical Record?
State law requires many health care providers to keep your medical record for a specified period of time. For example, hospitals must keep most of your medical record for at least 10 years after the date you are discharged. X-rays, electrocardiograms, and similar items must be kept at least 7 years after the date you are discharged if your record includes professional interpretations of the item. The Oregon Medical Association recommends that doctors in private practice keep your medical records for a minimum of ten years. In practice, many health care providers keep their medical records longer.
You have a right to see, get a copy of, and amend your medical record for as long as your health care provider has it.
