Updates:
- Feb 1, 2017: fixed some expired links.
- July 19, 2015:
- This has turned into by far the most-viewed and most-commented post ever on this site. This year alone it’s averaging 1,000 views a month.
- A few weeks ago the HIPAA authority Deven McGraw, who’s mentioned three times below, was put in charge of this issue at the Office for Civil Rights. Hooray!
- Last Friday (7/17/15) the New York Times ran an important related article, Hipaa’s Use as Code of Silence Often Misinterprets the Law
- Sept 12, 2013: See new section on Resources for Action at bottom.
- July 20, 2013: see attorney David Harlow’s comment below about a Federal exception for lab data, though state law may still protect you.
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I’ve been infuriated recently by two “gimme my DaM* data” episodes where providers told me “No – you can’t have the report. We only send it to the doctor.”
That’s illegal.
It’s a Federal civil rights violation.
I am legally entitled to my medical record,
and you are entitled to yours.
Refusing to give it to you
subjects them to
Federal civil rights penalties.
Yet so many doctors and hospitals simply don’t know this. In my case, two independent shops recently said no – a lab and a radiologist – leaving me powerless. Well, I don’t take well to being powerless. So I acted. On Twitter today I said:
This feels ironic: a radiology shop is refusing to give me the radiologist report. Anyone have a link to “Docs MUST give pts their data”?
Within minutes I had responses from my excellent peeps @Rob_Havasy, @DLScherMD, @HealthBlawg, @AmyPricePhD – and then, the most awesome authority on the HIPAA privacy law, Deven McGraw, who tweets as @HealthPrivacy. They all linked to hefty pages packed with tons of information – as I told Rob:
I’ll give it to them but the harried clerk at this practice will glaze over at this document. :)
(Seriously: I had a great conversation with the clerk who registered me, who was struggling to learn her new EMR system. I need something nice and official looking for her to take to her boss.)
Deven had the most useful link, which ultimately led me to the flyer above. It was all about a meeting I attended last year at the White House Office Building, which I meant to blog about, but didn’t. At last, here’s the info:
- PrivaPlan’s blog: OCR Releases a “Right to Access” Memo Supporting Patient Access to Health Data (OCR is the Office of Civil Rights, which administers HIPAA)
- An excellent 1 minute video from OCR: The right to access and correct your health information
- The OCR’s consumer page. At top is a set of 7 excellent short videos, including this one.
- I salute whoever did those videos – they’re clear, focused, and SHORT – thanks for not making it a single 15 minute one!
- And that led to the PDF above. And there it is, right at the top: (Again, kudos to whoever did this!)
Walk in with this flyer. Many medical offices don’t understand the law.
[Wording tweaked 7/20 & 7/23…] My first problem was at AnyLabTestNow, who did some blood tests and sent the vials to LabCorp. (I don’t know which is the ultimate culprit, but AnyLabTestNow is the one who said “No, we don’t give them to you – the results are sent to the doctor.”) They did say I could get the results online, but not from them – via LabCorp’s connection to HealthVault. But that was a month ago and the data still hasn’t flowed through.
The second was Salem Radiology, for the foot x-ray I got this week. (Ironically, Salem Radiology gave me a free CD of the images – but wouldn’t give me the radiologist’s report saying what he found!)
Before I found this flyer, this morning I told the clerk, nicely: “Look, I know about HIPAA – I know I’m entitled to a copy of my record. Who do I have to talk to?” (Nicely, remember.) She put me on hold, and 3 minutes later came back and said “You can come pick it up – it’ll be out front.”
Score! Note: they told me no, until I said (nicely) that I know my rights!
Note: in both cases, the provider and my doctor’s office failed to transfer my information: the fax (yes, fax) disappeared and could not be traced. So I was delayed in getting what I paid for. (I paid for this out of pocket.) Plus, my doctor was delayed in getting the information.
If those idiots can’t manage to transfer information reliably, that’s one problem. (Yes, I’m mad.) They can work that out at their own snail’s pace. Meanwhile, gimme my DaM data – it’s all about me, so it’s mine!! I need that frickin’ info, to be responsible for my health!
* “DaM” is Ross Martin’s term for Data about Me. Here’s that song again, if you haven’t seen it.
Resources for Action
- FAQs – you have to search by category
- FAQ on Right To Access
- How to file a complaint with OCR
- The Complaint Portal for filing online
- Or file by email: OCRComplaint@hhs.gov
Hi i would like to know how long after you filed a hipaa violation complain due to failure to release medical records they take to contact you?
It has been 6 weeks and i didnt hear anything back from them…
thank you
I am so glad I was able to find this thread!
I dont think I saw this covered …
EHR – electronic health records
they are not required by law for all physicians from what I understand.
What if you have asked 4 times for medical office notes, records etc and they finally give them to you 2 months later and the only thing on the page is random billing codes?
Nothing about reason for visit, Dr notes, findings discussions, nothing!
I requested every scrap of paper they had in their records for me to help be paid by my short term disability insurance company who denied part of my claim due to the Dr not providing valid records of medical issue.
Is it possible they have other notes somewhere they are giving me?
I doubt is since the date on most all of them were entered when I started asking for them.
Im trying to give one final request to Dr. for records (prior to seeking court intervention), I have mentioned HIPPA and even the TX record keeping requirements for medical records yet I got random codes as my records.
In that case you follow the instructions above about what to do if they don’t comply.
If they don’t send your medical data they are CLEARLY IN VIOLATION OF FEDERAL CIVIL RIGHTS REGULATIONS, which have the force of law.
See also the resources at getmyhealthdata.org, which is newly published this year with the intention of helping you enforce your rights.
DO NOT BE SHY WITH THEM. Be courteous and clear if they resist or seem to be bothered bureaucrats, but be FIRM; they are in VIOLATION of Federal civil rights rules whether they know it or not, and you are simply acting as a Rosa Parks standing up for your rights.
I had a chest x-ray performed four days ago at a diagnostics center in Florida. My PCP provided me with the referral. I understand that my doctor will get a copy of the written report and I am fine with that.
The x-ray was ordered after I expressed concern about a cough that I have had for the past 6 to 8 weeks. I am unable to eat anything until I get home from work because eating/drinking is what brings the cough on, and it can last anywhere, upwards to 45 minutes.
I have lost a lot of weight and I am also experiencing other symptoms that are causing me a great amount of concern and stress.
I called my doctor’s office yesterday and asked to speak to the nurse practioner. I knew that my results were ready and I desperately wanted to find out what the x-ray revealed (before the weekend). I had a terrible coughing fit the night before and I am truly scared to death.
Needless to say, my doctor’s office never called me back. I decided to call the diagnostics center this morning to let them know that I would be coming by today to pick up a copy of the written report.
The girl immediately pulled up my information and reviewed the report while I was waiting on the line. She responded, saying that I would receive my results from the doctor. I said “I understand that, but I still want a copy of my report today … I am unable to eat and I need to know what’s going on with my lungs” … She then asked me to hold, which I did for at least 5 minutes. When she returned to the line, she admitted to me that she called my doctor, and the girl in his office told her not to release the written report to me, that my doctor will discuss the findings with me as soon as he’s had a chance to review them himself.
I became very upset. I told her that my doctor’s office is not responding to my messages, nor do they have any intention of responding until next week some time, and that I want a copy of my report today.
I finally called my doctor’s office (very upset at this point) and the same girl answered the phone. I told her that I would be coming by their office today to get a copy of my results. I was told that they could not provide me with a copy, and that the doctor will be going over the results with me. She said the doctor was not in today (Friday) and that they were busy with other patients.
After getting very upset with her, I decided to hang up because she was not compassionate, in the least bit, about my feelings, and mostly about my concern for my health.
Can you please tell me if my rights have been violated? I believe, without a doubt, that if my results showed only minor problems, that I would have a copy in my hands right now.
So here it is, the weekend, and I am a total wreck. This is not right! This is my report that we are talking about, not to mention, it’s MY HEALTH. I have more of a right to my results than anyone else. How dare they upset me like this. The girl at the diagnostics center went behind my back and called my doctor! Where does she get off doing that! She told me that her job would be on the line if she released my information to me. Now, am I over-reacting? Please tell me if I am.
Sounds like a terrible situation.:-( With the tight timeline you have, no amount of legal action could make any difference before Monday.
Did you tell them what this post says – that it’s a federal civil rights violation not to give you your data?
I’m sure the woman you spoke with was telling the truth when she said she could get in trouble for disobeying her employer’s instructions.
I don’t know you or the other people involved. I have heard numerous stories, in Florida and elsewhere, of patients being either milked financially (especially in Florida) or treated disrespectfully. If I were in your shoes, I’d change doctors when this is over, if I could. Clearly this doctor has other priorities than you being upset, and that’s good cause for firing said doc. You have every right to express that you were upset and spending the weekend without the answer was both physically terrible (coughing fits) and very upsetting. See what the doc says – if there’s no genuine sign of apology, you need to find a provider who knows what “care” means.
My non-professional peer-to-peer opinion is that you’ll need to get yourself through the weekend, and I hope you can find a way (as if you were having a tooth pulled) to just wait it out, knowing that the wait will be over in a few days. That doesn’t help the immediate situation but the reality is that you can make your own situation worse by worrying (for good reason) about something that may or may not be there. Nobody wants that.
And if I were you I’d ask the doc’s office if I could see someone else over the weekend (asap), I wouldn’t hesitate to go to a walk-in clinic if there’s one near you, or even to the local E.R. I’d also ask my insurance company what they’ll cover, saying you need treatment NOW and the doc says no. Just try to be as calm as you can on the phone with everyone.
I called to request a copy of my medical records to be mailed to me, emailed them a release/authorization form, and was told by the office manager that my plastic surgeon is on vacation for a week and that I will have to wait for him to be back to authorize it. She said it is “very standard protocol for the doctor to review and authorize it.” What are my rights to have them asap? Do they really need by law his authorization? (California)
I have read on the HIPAA pamphlet that “copies must be given to you within 30 days.” But it does not seem to be clear on any sooner timeline on having access to my medical record.
Then I read on CA government medical board site that under Section 123110 of the Health & Safety Code:
“The physician must then permit the patient to view his or her records during business hours within five working days after receipt of the written request.” http://www.mbc.ca.gov/Consumers/Access_Records.aspx
I’m confused on what my rights are – if I show up in person can they still deny me my rights to see my medical records until the doctor is back and authorizes it?
Hi Sara – as I said above, I’m no expert about this. But if I were in your shoes, I’d call back and ask to speak to the office manager, and tell him/her that the government website says “within five working days” and that you know there’s a lot of misunderstanding about these regulations but that’s what it says and you intend to file a complaint, both state and federal, if that’s what it takes.
I myself found that when I told a desk person “It’s a Federal civil rights violation – who can I talk to, to get it?” they caved right in. That doesn’t mean you’d find the same – as I say, I’m no expert. But generally office people aren’t experts on this – they just do what they’re told – and they’re not accustomed to people who DO know their rights.
Let us know what happens.
I tweeted about this and @RSJaffe suggested this PDF from the Attorney General’s office. Page 3 includes sections on your rights, including “they must tell you why” and Your Right To File a Complaint.
If they resist I’d try to fax it to them (if you have access to a fax!), or email them the URL (which I just gave you).
Thank you Dave!!! Your diligent effort to give your thoughts and reach out for answers has been very much appreciated.
The first day that I emailed the authorization form I had also talked with the office manager and explained to her the CA Medical Board five day rule. I had also said I would take legal action if nothing was done in five days. She was apathetic and did not care, she said she still needed the dr’s authorization as that is their standard protocol and was very firm no matter how direct I was. She said at most she would try to contact the dr, who is on out of the country on vacation.
Today I called again, this time she said she spoke with the dr and got his authorization to send some general papers, and had sent them via certified mail earlier today.
I explained to her that I need my medical records in their entirety, and after the call I emailed her reiterating that: As per our conversation on the phone, please send me my medical file in its entirety, including blood work, all lab reports, all notes, prescriptions, every written and electronic record by the doctor, anesthesiologist, nurses, etc.
Fingers crossed. Now I need to look into what are my rights to have my entire medical record.
In my research today I found to be useful (1) your pdf, (2) the CA Medical Board Section 123110, (3) HIPPA/Federal Office of Civil Rights. Had I not been granted my medical records in the time limit, I would most likely have proceeded with filing complaints with the CA Medical Board and the Office of Civil Rights. I also contacted the CA Dept. of Public Health but they led me back to the CA Medical Board bc it is a private dr. not a hospital or large facility.
It is so important to know one’s rights and work together! Thank you for this page!
Well! For that you should go look at the Get Your Data menu on GetYourHealthData.org. :-)
Of particular value on that site may be:
1. This press release links to this new page about access rights on the Office for Civil Rights site
2. This HIPAA Infographic for Providers (PDF).
Good news, I had to be very persistent and direct, but I got my medical records!
Thanks for getting back to us! What was the process? Did any of this (e.g. federal civil rights) make any difference?
My wife has been in the hospital in Upstate NY since Dec 6, 2015…….She has been declining due to the lack of PT and OT given to her…..I wanted data showing this information and they told me that I can’t get it until she is discharged…..she is suffering due to the lack of PT/OT and has been declined from rehabs due to this double-edge sword……Do we have the right to se her PT/OT records? They send them to rehabs…..but let us see them……please help
my wife is 34….and we have 2 young boys……they are watching her wither away…..billing our insurance for OT/PT….but won’t let us see their records regarding their time spent with my wife…..
I had neuropsych testing done with a psychologist. Before I scheduled the testing I told them I had a deadline to receive results before my insurance was to run out. I was told that was ok. They gave me an appointment to return to review the results. Upon returning I waited 3 hours then was told the results still weren’t ready. It has now been 9weeks and no results. Working with this neurology company has been an ongoing nightmare. They clearly don’t care. Do I have legal rights to do something?
I’m sorry, the only information I have is what’s in this post… You might see http://www.GetMyHealthData.org for more resources
Hi my name is Rena. Is real time records different than a copy on CD? Is real time records consist ok a live movie while patient was hospitalized. I know you are not a doctor but when a patient comes in ER and placed on life support. Does the patient gets transported to ICU for the days he was on life support or stay in ER three days while on life support . I can get live time reacords for those three days or only a hard copy of the record. I live in Texas
As I understand it, what you’re entitled to is a copy of whatever THEY have in the medical record system.
Can a doctor charge you for your lab results?? I just had a blood test.
I know they can charge to copy your medical record.
half the links here broken/dont exist
Thanks – fixing as many as I can.
while in the hospital can I receive results of the tests performed in printed form?
Again, I have to refer you to GetMyHealthData.org, where the people are far more expert about specific questions. Good luck!
I have tried to receive copies of Pathology reports from QML after begging I was advised for $20 I can receive my personal health results that my Doctor chooses to block any other medical practitioner receiving.
Angry and extremely frustrated by this insensitive controlling Doctor!
I had to remind the office staff of my surgeons office that I was in fact entitled to see the results of my PET scan. Finally she complied. Again a few months later I asked for all of my medical records and was told that I could only have clinical notes for office visits. just left rather than argue. I mailed a letter with the request after filing a complaint with OCR. I suspect they will suddenly start charging for copies and take 29 days to provide them. Gah!
Hi,
I am glad I found this discussion. I don’t know about law in U.S and having a very hard time in asking a place where have been treating for Glaucoma to fax my chart notes and vision field tests to another eye institute. The new place won’t make any appointment for me to see a doctor until they receive the document. When I asked them after one week of my request, they told me they have 30 days to do that.
I am frustrated and afraid of loosing my sight or my eye health getting worst after having to go in a Zoom Care where they called the eye place I currently a patient and asked for an eye doctor to see me at once. I had severe head and eye pain, half of my left eye was block (I could t see) and eye was blooded red. Turned out my eye pressure elevated to 57 and 37. I spent hours there with many eye drops every 20 munites to lower them down. 3 hours later I was home with 3 eye drops and medicine to take to keep lowing the pressure. It was 37 and 27 when I left. I saw my regular opthomologist 2 days later and my left eye developers iritis/uveitis. She believed its from one of the eye drops so she prescribed me cortisone steroids eye drop.
That day, my record were faxed to the new eye place and I got a call scheduling appointment in two and a half month from now. They said from my record, it’s not urgent ?? After spoke to them more, then found out that the current place didn’t fax any notes from the Memorial Day until last week. New place said they could get me in sooner if I can get the notes to them.
I looked from my patient portal and no note, no record from the current place that I went in on the Memorial Day. My husband asked why, they told him the doctor I saw was a fellow. No explanation was given to us. I am still waiting and hoping that they will send my notes. I feel powerless and very worried.
Do you have any suggestion what I should do?
Sorry if my writing is not good. English is not my first language.
I want to ask something Please! Me Patient was admitted to the Hospital May 15, 2017 with incomplete abortion and for D@C procedure and discharged at May 16, 2017, but my Doctor process our Hospital billing, then hours later my Doctors secretary ask a payment of 13,400 Pesos. Then we gave them the payment but they’re unable to give us a receipt. But when our statement of account arrived 14,145.20 Pesos with Professional fee and Hospital bill… And I thought our Payment of Professional fee was doubled. Is Possible for the doctor to ask a payment from us and no receipt.
Joamie, sorry for the delay in answering this … you say pesos, which means it’s not in the US, so I have no idea what the answer would be in your case.
It’s certainly not good to give someone lots of money with no receipt, in any case. I hope this worked out okay for you.
Is it lawful for an ultrasound tech to prevent me from viewing the screen, real time, during an ultrasound exam? I haven’t been able to find any literature to answer this question.
Mary, I asked this unusual question on Facebook and have gotten a lot of interesting responses. None is an authoritative answer but you’ll probably find some of them valuable. Have a look. https://www.facebook.com/epatientdave/posts/10212799023268228
It’s a public thread but I don’t know how much is visible depending on other people’s privacy settings. The best answers so far seem to come from Kathleen Comalli Dixon. In case you can’t see them, I’ll paste them in here:
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1. Lawful- I don’t know of laws pertaining to this.
2. It is beyond a sonographer’s medicolegal scope of practice to diagnose. That is the radiologist’s job. If the patient is pressing for a diagnosis I can imagine a sonographer turning the screen away. I’d try to handle the encounter without doing this, though.
3. That said, difficult findings such as fetal demise, congenital malformations, or gross damage to a cancerous organ will usually elicit questions even if the patient isn’t sure what’s being seen. A professional and skilled sonographer will be caring and informative w/o exceeding his/ her scope of practice, but also w/o shaming or being argumentative with the patient.
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Many facilities have policies against patients taking photos of ultrasound scans.
Pregnant mom taking selfie with ultrasound- that could be damaging to her if later in gestation anomalies showed up, and an attempted cause for action against the sonographer and radiologist for the same reason.
The trick is that anomalies show up at given weeks of gestation. One week it’s not there, the next week it is; the following week it may have resolved. Slippery slope.
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See also attorney Bob Coffield’s reply, which notes that although you have a right to what’s in your medical record, the practice may have a policy that the information on the screen is not part of the record (yet). Complicated.
https://www.facebook.com/epatientdave/posts/10212799023268228?comment_id=10212801806377804&comment_tracking=%7B%22tn%22%3A%22R%22%7D
In any case, if someone said what you were told, I would explain calmly (to the management) that I WANT to see the images, and if they won’t let me I’ll need to find another provider.
What are the rights of a patient when a legal report is mandated (Principle:Patients have the right to know how and why information about them is reported to a public agency)
Hi – I’m not sure I understand the question – I don’t know legal principles, not a trained legal anything, but more to the point, I’m not at all sure what you mean by “a legal report is mandated” – by whom, about what, etc. Nor do I know how the principle you quote would connect to that … much less what a public agency would have to do with it.)
All I know is that in the US, the government issued the statement in the blog post: that you have a right to see what’s in your chart and get a copy. They’re not allowed to withhold it from you.
When I finally did get my medical records I was shocked. How dare these doctors write horrible things in patients charts that are not true. Why is there another place for Doctors to write comments about their patients. It should be all written in one spot. The one that every patient has the right to see. Do you know how many patients do not even know that there is more written about them. They think the stuff on my chart is everything! Oh no. Look further. It should be a violation of a patients rights. I have been trying to find someone to help me ammend my medical records as I have a brain injury and get over whelmed quickly. Does anyone out there know where I may look?
Baring the few exceptions mentioned by LaTrash U have a legal right to copies of ALL your medical records. You must supply a few things, full name, DOB, your address etc. You can be charged $0.25 per page to copy. In CA they must comply within 15 days of receipt of your request. Type in CA health and safety code 123110 and you can read state law. Don’t let them tell you otherwise.
You could ask them to look again, but they are not obligated to do so. If they performed a search, and indicated to you that they were unable to find the records, then there is little more they can do. They certainly would not allow you access to their files so that you may search for your record (and have access to numerous other patients’ records as well).
You may want to contact your state’s health department or agency that licenses doctors/nurses, to see if they have failed to comply with your state’s medical records retention requirements, but that still may not result in the production of the records, only a sanction or monetary fine against the facility/practitioner. You could ask another practitioner to request the records (sometimes doctors are more receptive to requests from other doctors, as opposed to patients).
In the future, if you would like a copy of your medical records, request them contemporaneously with your treatment.