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 Treatment
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, Dept. of Health & Human Services (OCR) at: http://www.hhs.gov/ocr/hipaa/
You can find information about mental health resources in South Dakota on the web site of the Dept. of Human Services, Division of Mental Health at
http://www.state.sd.us/dhs/dmh/MentalHealthResources.htm
South Dakota Medical Record Access Laws
Some health care providers do not have to follow the HIPAA Privacy Rule. These providers must still follow South Dakota laws that give you the right to see and get a copy of your medical record. You can read the state statutes that give you the right of access to records on the web site of the state legislature at http://legis.state.sd.us/statutes/StatutesTitleList.aspx. For the statute that applies to records of doctors of medicine and osteopathy and other health care practitioners look under Title 36, Professions and Occupations, Chapter 2, Practitioners of Healing Arts In General, Section 36-12-16, Medical Records Released to Patient. To read the statute that gives you the right of access to records held by hospitals and other health care facilities look under Title 34, Public Health and Safety, Chapter 12, Regulation of Hospitals, Section 34-12-15.
