What is the procedure in obtaining access to a patient's medical records under HIPAA?

Answer 1

I assume we are talking about YOUR patient records. HIPAA only requires that you ask them. However, HIPAA also allows the to require that request in writing, they are allowed to take a reasonable about of time to prepare the chart (30 days is about the max and you can ask for faster), and they may charge reasonable copying fees (if you want a copy instead of looking), but if you can't afford the fees, they pretty much always waive them, with the idea being that this is not a legal way to avoid giving you your records. If the price is too high, I'd said pay it but let them know you'll file a complaint with Department of Health and Human Services/Office of Civil Rights, protesting the amount set to a level clearly intended to discourage you from getting a copy of your designated record set. H If you just want to look, however, no charge. Usually the office will have the request form for you to fill out. If not, make a form that gives date and time, your name and any identifying information they request. and type out "I, the undersigned, require a copy of the Designnated Record Set -- all my medical records -- to be available for my review upon ----" Or change it so give you a copy. Note that You wont be able to get psychotherapy notes, but then unless you were undergoing psychotherapy, there shouldn't be any. For an insurance company or "Payer" to obtain a copy of a patient's medical records, they need only ask the "Provider" or caregiver. Of course, the patient invovled must be using the Insurance Company in question as the Payer with this Provider in this matter. The Insurance Company in this case is allowed the "minimum necessary" information in order to assure that medical procedures have been carried out and are properly billable. This would typically include the patient's identifying information (so you can bill them), the diagnosis and treatment. Once more, psychotherapy notes are excluded.