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. (This person often is 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.
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.
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.
Your provider cannot threaten you or do anything else to get even with you if you file a complaint.
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.
You can file a complaint with your 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;
(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.
Your provider cannot threaten you or do anything else to get even with you if you file a complaint.
You can file a complaint about your doctor with the Division of Health Services Regulation, Rhode Island Department of Health.
You can file a written complaint against your doctor at the following address:
Complaint Unit
Division of Health Services Regulation
Rhode Island Department of Health
3 Capitol Hill
Providence, RI 02908-5097
You can read more information about filing complaints and download a complaint form from the Department of Health's website at
http://www.health.ri.gov/hsr/bmld/complaints.php
You also can call the Complaint Unit, at (401) 222-5200, and request that a form be mailed to you.
You can file a complaint about your hospital with the Office of Facilities Regulation, Department of Health.
You can file a written complaint against your hospital at the following address:
Complaint Unit
Office of Facilities Regulation
Rhode Island Department of Health
3 Capitol Hill
Providence, RI 02908
You can contact the Complaint Unit at (401) 222-5200.
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 bring a law suit in a Rhode Island court to obtain a copy of your medical record.
