This guide is just a summary of your rights to see, get a copy of, and amend your medical record. If you have more questions or would like to file a complaint, you can contact the people and organizations listed below. You can also contact a professional if necessary.
Who Can Answer My Questions About Getting and Amending My Medical Record?
There are a number of resources available to answer your questions about getting and amending your medical record.
Your health care provider
Your health care provider should be able to answer many of your questions about getting and amending your medical record. Your provider’s notice of privacy practices must contain a general description of your right to see, get a copy of, and amend your medical record. The notice also must list the name (or title) and the telephone number of a contact person who should be able to answer your questions about getting and amending your medical record. In addition, some providers have Web sites that list information on how to see, get a copy of and amend your medical record.
Office for Civil Rights, United States Department of Health and Human Services (OCR)
You may be able to get answers to your questions about your rights under the HIPAA Privacy Rule from OCR, the federal agency in charge of enforcing the HIPAA Privacy Rule. OCR provides fact sheets for consumers and responses to frequently asked questions on its Website http://www.hhs.gov/ocr/hipaa/.
If you do not find your question answered here you can call OCR toll-free at
1-866-627-7748. OCR requests that you read their responses to frequently asked questions before you call this number.
California Office of Privacy Protection
If you have questions about health privacy issues you can call the California Office of Privacy Protection toll-free at 1-866-785-9663. You can also contact the office by e-mail at privacy@dca.ca.gov.
What Can I Do If I Believe My Rights To Get and Amend My Medical Records Have Been Violated?
Before taking any formal action, you should try to informally solve your problems getting and amending your medical record with your health care provider. If you are unable to resolve your issues informally, there are a number of possible actions you can take if you believe your health care provider has violated your right to get and amend your medical record.
You can file a complaint with your health care provider.
You have the right, under the HIPAA Privacy Rule, to file a complaint with your health care provider. Your health care provider’s notice of privacy practices must describe how to file your complaint. If you file a complaint, your health care provider cannot threaten you or do anything else to get even with you.
You can file a complaint with the Office for Civil Rights, U.S. Department of Health and Human Services (OCR).
Complaints must be in writing. You can get detailed information about filing a complaint with OCR at http://www.hhs.gov/ocr/privacyhowtofile.htm.
You can call OCR at 1-800-368-1019 if you need help filing a complaint or have a question about the complaint form. This is a toll free call.
In California, complaints should be sent to:
Office for Civil Rights
U.S. Department of Health and Human Services
50 United Nations Plaza - Room 322
San Francisco, CA 94102
(415) 437-8329 (Fax no.)
If you file a complaint with OCR, your health care provider cannot threaten you or do anything else to get even with you.
You can file a complaint about a doctor with the California Medical Board or the California Medical Association.
California Medical Board
You can file a complaint about any doctor who practices in California with:
Medical Board of California
800-633-2322 (toll free) or 916-263-2424
http://www.medbd.ca.gov/complaint_info.htm
California Medical Association
If your doctor is a member of the California Medical Association, you can file a complaint with the county medical association where your doctor practices. The medical association will try to resolve the complaint informally. You can find a list of county medical associations on the California Medical Association’s Web site at: http://new.cmanet.org/PUBLICDOC.cfm/63
You can file a complaint about your hospital with the California Department of Health Services (DHS).
You need to file your complaint with the district office where your hospital is located. You can call DHS at 916-445-2070 to find out where to file your complaint.
You can get assistance in finding the proper place to file a complaint from the California Office of Privacy Protection
If you need help in finding the proper place to file a complaint, you can contact:
California Office of Privacy Protection
866-785-9663 (toll free)
privacy@dca.ca.gov
Can I sue my health care provider for violating my rights to get and amend my medical record?
You have the right to sue in California Superior Court to enforce your rights under California law. For example, you can sue to obtain your medical record, challenge copying fees, or to require your provider to add your statement to your medical record. The judge can award costs and attorney fees to the person that wins the lawsuit.
You do not have the right to sue your health care provider in federal court (United States District Court) for violating your right to get and amend your medical record under the HIPAA Privacy Rule.
