The HIPAA Privacy Rule Provides Patients the Right to Request a Copy of Their Medical Records
Fortunately, the HIPAA privacy rule provides patients the right to request a copy of their medical records. HIPAA is an important health care law that protects patients' personally identifiable health information (PHI). The rule also gives patients rights to control how their information is used.
The rule protects all types of "protected health information." Specifically, HIPAA protects the following types of PHI: oral statements, health information created or maintained by health care providers, and medical records. It also prohibits the use of de-identified information. It gives patients the right to request that a health care provider disclose electronic PHI, such as lab results and radiology reports.
The rule also requires that health care providers provide patients with a notice of privacy practices. These notices include information on the patient's rights under HIPAA and how to make a request for a copy of their health records.
A covered entity must provide a written response to a request within 60 days. If the entity takes longer than that, it must give a reason for the delay. For example, it may have to wait to find the records in question, or it may need to perform a search. It may also charge a reasonable cost-based fee for copies of medical records.
The rule also allows patients the right to request that a health information provider send their medical records to an external storage device, such as a USB drive. It also allows patients to complain about their rights if they feel their rights have been violated.
