What should I do if I am denied access to my medical records?

Under the HIPAA Privacy Rule, you generally have the right to access your health information maintained by your healthcare providers and health plans.

First, ask the healthcare provider for the reason for denial. Understanding the reason is crucial to determine the next steps.

Yes, you can request a written explanation for the denial of access to your medical records.

Common reasons include potential harm to you or others, psychotherapy notes, or information compiled for legal proceedings.

Yes, you have the right to appeal the denial by contacting the provider's HIPAA compliance officer or filing a complaint with the U.S. Department of Health and Human Services (HHS).

You should follow up with the provider promptly, usually within 30 days, to resolve the issue or file a complaint if necessary.

You can contact the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services for assistance.

Have details about your request, the provider, the reason for denial, and any written communications.

Yes, complaints should be filed within 180 days of the denial event, though this period can sometimes be extended with good cause.

Yes, the OCR may inform the provider and seek further information during its investigation.

Yes, consulting with a lawyer familiar with health privacy laws can provide additional guidance and potential legal actions.

The HIPAA Privacy Rule gives patients the right to access their health records from covered entities, setting guidelines on how this should be managed.

Yes, exceptions include psychotherapy notes, information for legal proceedings, and when release may cause harm.

Yes, providers may charge a reasonable fee for the cost of copying and mailing the records.

Yes, keep copies of your request, any responses, and related communications for future reference.

You may need to request records separately from each provider maintaining your health information.

Ensure your request is clear, complete, and specifies the records you need. Check the provider’s policy on records requests.

Communicate the urgency in your request and follow up frequently. Some providers may expedite urgent requests.

Often, issues can be resolved through discussion with the provider or their compliance office before escalating to formal complaints.

Yes, electronic health records are also covered under the same HIPAA rules for patient access as paper records.