My Right to Medical Records: Understanding Your Access in the U.S.

As a healthcare consumer, it is essential to know your rights when it comes to accessing your medical records. In the United States, federal regulations such as the Health Insurance Portability and Accountability Act (HIPAA) and state laws protect your right to view and obtain copies of your medical records. This article will explore your rights, what to expect, and how to navigate these processes.

Who Owns Your Medical Records?

It is a common misconception that medical records belong to the patient. However, in the United States, the records are owned by the healthcare facility or provider. This means that while you are entitled to access and obtain copies of your medical records, the facility has the responsibility to grant this access and provide you with the records.

Accessing Your Medical Records

To access your medical records, you can request a view or a copy. This request can be made in writing or verbally, but it is best to have it in writing. You will need to provide proper identification and identifying information to verify your identity. It is important to note that not all information in your records will be disclosed, as some might be subject to legal or privacy restrictions.

Electronic Access to Your Records

Since the implementation of the Health Information Technology for Economic and Clinical Health (HITECH) Act and the Health Information Technology for Economic and Clinical Health Act (HITECH Act) rules, you have the right to electronically access all of your electronic health information (EHI) without charge. This means that if your medical records are stored electronically, you can access them online through your healthcare provider's app or portal.

Doctor's Notes and Electronic Records

Often, doctors' notes are available through online apps provided by the healthcare facility. Since the new rule came into effect, you might be reading these notes. However, there may be discrepancies where the information in the notes does not match what was discussed during the appointment. It is important to note that these notes are not included in the printed summary provided at the end of the appointment.

Right to Pay for Copies

Although you can access your medical records, you may need to pay for copies of these records. Most offices or hospitals charge a flat fee per page. It is important to remember that the records are owned by the healthcare facility, and they have the right to charge for these copies. The provider is required to inform you of the cost beforehand and obtain your consent before making the copies.

Obtaining Copies of Medical Records

To obtain copies of your medical records, you can simply ask. You have the right to request a copy, and the healthcare provider is obligated to provide it to you. Make sure to ask for specific records you need, such as past visit reports, lab results, or discharge summaries. It is important to follow the facility's procedures for requesting copies to ensure a smooth process.

Third-Party Requests

It is also important to know that your healthcare provider has the right to see your records, and they may be required to provide copies. However, they do not have the right to take possession of them without your explicit consent. Additionally, healthcare providers do not have the right to share correspondence or documents from other doctors without obtaining the proper authorization from the originator. In some cases, a parent might request medical records for a minor. While this is a common request, it is important for the healthcare provider to act in the best interests of the child and not succumb to parental demands without due cause.

Legal Considerations

Healthcare providers have the right to seek legal advice if they believe that releasing certain information is not in the best interests of the patient or if they suspect that the information may be used inappropriately. This is especially valid in cases where a parent requests records of a minor. In such situations, the healthcare provider is obligated to act in the best interests of the child and not simply comply with the demands of the parent.

Confidentiality and Privacy

In some cases, healthcare providers might encounter situations where they need to maintain confidentiality with a minor. For example, a teenager might request to see their medical records without their parents' knowledge. In these instances, the healthcare provider may choose to keep information confidential unless a court subpoena is issued. It is important for healthcare providers to strike a balance between the rights of the patient and the rights of the parents.

It is a best practice for healthcare providers to inform a mid-teenager in front of a parent that if they see the doctor alone, the conversation is confidential and that only a court subpoena can force the provider to disclose this information. This practice ensures that teenagers know they can seek help without their parents' knowledge while still respecting the parental authority.

In cases where a minor might be at risk of self-harm, healthcare providers might offer their private mobile number to the teenager. This gesture has been shown to support more troubled youth than formal counseling. It is important for healthcare providers to maintain a balance between providing support and ensuring the safety of the patient.

Conclusion

Accessing your medical records is a fundamental right in the United States. Healthcare providers are required to provide you with access to your records upon request, and most offices or hospitals charge a reasonable fee for copies. Understanding your rights and knowing how to navigate the process can help you ensure that you have access to the information you need to make informed decisions about your health.