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Georgetown Public Policy Institute > Health Policy Institute > Center on Medical Record Rights and Privacy > Getting Your Medical Records > RI

Your Medical Record Rights in Rhode Island
(A Guide to Consumer Rights Under HIPAA)
by Joy Pritts, JD

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Contents

  • About this guide
  • Disclaimer
  • Acknowledgments
  • Summary of your rights
  • Who has to follow these laws?
  • What records do I have the right to get and amend?
  • Who has the right to get and amend my medical record?
  • How long does my provider have to keep my medical record?
  • Summary
  • How do I ask for my medical record?
  • What will happen if my request for my medical record is accepted?
  • How long should it take to get my medical record?
  • Can I control where my medical record is sent?
  • Can I get a paper, e-mail or fax copy?
  • Can I get a summary of my medical record?
  • Will I have to pay for my medical record?
  • Can my provider deny my request for my medical record?
  • What can I do if my provider denies my request?
  • Summary
  • How do I ask my health care provider to amend my medical record?
  • What will happen if my request to amend my record is accepted?
  • How long should it take to amend my record?
  • Can my provider deny my request?
  • What can I do if my provider denies my request?
  • Who can answer my questions about getting and amending my medical record?
  • What can I do if I believe my rights to get and amend my medical record have been violated?

Where to Find More Information

This guide only discusses how to get and amend your medical records from health care providers who have to follow the HIPAA Privacy Rule. The guide mentions some related topics without discussing them in detail. Here are some resources where you can find information about these related topics.

Alcohol and Drug Treatment Records

Records related to alcohol and drug treatment may be subject to other privacy rules. You can get more information about these records at:

http://hipaa.samhsa.gov/Part2ComparisonCleared.htm

Medical Records in General

You can read general information on your medical record rights under the HIPAA Privacy Rule, the flow of medical information, and how to create a personal medical record at http://www.myphr.com/ a Website operated by the American Health Information Management Association, an association of professionals who manage medical records and information. Please note that this site does not discuss medical record rights that may be available under your state's laws.

Medical Terms

You can find out the meaning of many medical terms and medical shorthand from the Medical Library Association’s Website at:

http://www.mlanet.org/resources/consumr_index.html

Your library might also have books or brochures that explain medical terms.

Mental Health

You can obtain information about mental health services in Rhode Island from the Department of Mental Health, Retardation and Hospitals at:

http://204.139.0.230/integrated_mental_health.htm

The HIPAA Privacy Rule treats most mental health treatment records like other medical records. However, psychotherapy notes (as defined by the HIPAA Privacy Rule) are treated differently. You can read about how these notes are treated in the Summary of the Privacy Rule written by the Office for Civil Rights, HHS at:

http://www.hhs.gov/ocr/hipaa/

Rhode Island Medical Record Access Laws

Some health care providers do not have to follow the HIPAA Privacy Rule. These providers must still follow Rhode Island laws that give you the right to see and get a copy of your medical record. You can read the statute that gives you the right to examine and copy your medical record that is held by a medical or osteopathic doctor at http://www.rilin.state.ri.us/Statutes/Statutes.html Look under Title 5 (Businesses and Professions), Chapter 5-37 (Board of Medical Licensure and Discipline), Section 5-37-22.

The Board of Medical Licensure and Discipline sets many of the detailed rules that physicians must follow when you request your medical record. You can read these rules on the Website of the Rhode Island Office of Secretary of State at

http://www.sec.state.ri.us/rules/

Use the term “medical records” as your search term and choose the “Health Department, Board of Medical Licensure” from the agency pull-down menu.

The Health Department Rules and Regulations for Licensing Hospitals include rules that give you access to your hospital records. You can read these rules on the Website of the Rhode Island Office of Secretary of State at: http://www.sec.state.ri.us/rules/. Use the search term “3493” and choose the “Health Department” from the agency pull-down menu.


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Written by Joy Pritts, J.D. and Marisa Guevara, Health Policy Institute, Georgetown University
© 2007 Georgetown University


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