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 (correcting) 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 from the Office for Civil Rights, United States 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 with your provider, they 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).
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
61 Forsyth Street, SW, Suite 3B70
Atlanta, GA 30323
(404) 562-7886; (404) 331-2867 (TDD)
(404) 562-7881 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.
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 against a doctor or other health care professional with the Tennessee Department of Health.
You can obtain information about filing complaints against health care professionals and download a complaint form from the web site of the Department of Health at:
http://www2.state.tn.us/health/HCF/complaints.htm
You can request a complaint form from the Complaint Division of the Department of Health by calling 1-800-852-2187.
Complaints and related material should be mailed to:
Tennessee Department of Health
Office of Investigations
Third Floor
Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37247
You can file a complaint about a hospital or other health care facility with the Tennessee Department of Health, Division of Health Care Facilities.
You can submit your complaint by telephone by calling the Health Care Facilities, Complaint Intake Unit at 1-877-287-0010. This is a toll free call. You can also request a complaint form by calling this number.
You can obtain additional information about filing complaints against hospitals and download a complaint form from the Tennessee Department of Health web site at:
http://www2.state.tn.us/health/HCF/complaints.htm
Written complaint forms should be submitted to:
Division of Health Care Facilities
Centralized Complaint Intake Unit
425 Fifth Avenue North
Cordell Hull Building, First Floor
Nashville, TN 37247
Can I sue my health care provider for violating my rights to get and amend my medical record?
Tennessee statutes give you the right to sue a hospital in state court for violating your state law rights to get your medical record. It is not clear whether you have the right to sue a doctor or other health care professional for such violations.
You do not have the right to sue your health care provider in federal court for violating your right to get and amend your medical record under the HIPAA Privacy Rule.
