If you’re not a personal representative, the person you care for can ask their health care provider to give you an electronic copy of their information in an EHR, and the provider must do so. Get more information on personal representatives. If you are refused records, ask your provider for the reason. But some states treat teenagers under 18 as adults, and some states do not allow parents or guardians to have certain health care information about their teenage children, so they may only be able to see or get copies of parts of the records for their children. For example, generally parents or guardians are the personal representatives for their children until the children turn 18. There may be some situations where, based on state or other law, an individual’s personal representative is not able to get copies of all or part of the individual’s records. Under the HIPAA Privacy Rule, such a person who can legally make health care decisions for someone else is called a personal representative. For example, you may have a medical power of attorney or authority as a health care proxy. You could be authorized under state, military, or tribal law, or by the individual, or a court, to make health care decisions for this person. If the law says you can make health care-related decisions for another individual, you usually have the right to access their record. These situations include any time when your physician or provider believes releasing the information to you could endanger you or someone else, or when special exemptions are provided under law, such as for mental health records, which are exempted from disclosure requirements.Generally, yes, and the process is basically the same as getting your own record. While most patients have no problem gaining access to medical records, there are times when accessing your personal medical records request may be rejected. Proponents of transitioning to paperless medical records say that EMR / EHR systems will decrease the costs of maintaining patient medical records, making it faster and cheaper for doctors to gain access to medical records and thus for patients to submit a medical records request.įor doctors transitioning to paperless medical records, the most successful “were characterized by even more benefits and time savings per patient,” concluded a 2003 report compiled by the University of California on small medical practices that adopted EMR or EHR. If you choose to go this route, most doctors say it is good to let them know ahead of time so they can know when to expect them. You also have the option to send your personal health record directly to healthcare professionals. However, if you want a hard copy of your personal medical records, doctors and hospitals may charge a “reasonable fee” to cover time and cost of materials. Once received, you have the right to review your personal health record (PHR) and seek changes to information you think is wrong. Release of Personal Health Records: Rights and Fees The Privacy Rights Clearinghouse, a pro-privacy group, has put together a sample request for medical records form letter to help you obtain your personal health record. Some advocacy groups recommend that a medical records request be made in writing so you and the health care provider have a record of the transaction. Ways to Access Your Personal Medical Records in Writing The exact procedure for accessing a personal health record differs from state to state, with some requiring a written medical records request and others accepting a verbal request for your patient medical records. Obtaining your personal health record is as simple as making a medical records request from your doctor. How do I get access to my medical records? Though originally designed to provide access to paper medical files, the law applies to accessing electronic medical records (EMR) as well. Under this law, patients may submit a medical records request, and the personal medical records must be provided within 30 days.
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