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Georgetown Public Policy Institute > Health Policy Institute > Center on Medical Record Rights and Privacy > Getting Your Medical Records > CA

Your Medical Record Rights in California
(A Guide to Consumer Rights Under HIPAA)
by Joy Pritts, JD

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Contents

  • About this guide
  • Disclaimer
  • Acknowledgments
  • Summary of your rights
  • Who has to follow these laws?
  • What records do I have the right to get and amend?
  • Who has the right to get and amend my medical record?
  • How long does my provider have to keep my medical record?
  • Summary
  • How do I ask for my medical record?
  • What will happen if my request for my medical record is accepted?
  • How long should it take to get my medical record?
  • Can I control where my medical record is sent?
  • Can I get a paper, e-mail, or fax copy?
  • Can I get a summary of my medical record?
  • Will I have to pay for my medical record?
  • Can my health care provider deny my request?
  • Summary
  • How do I add a statement to my record under California law?
  • How do I ask my health care provider to amend my medical record under the HIPAA Privacy Rule?
  • What will happen if my request to amend my record is accepted?
  • How long should it take to amend my record?
  • Can my health care provider deny my request?
  • What can I do if my provider denies my request?
  • Who can answer my questions about getting and amending my medical record?
  • What can I do if I believe my rights to get and amend my medical record have been violated?

Where to Find More Information

This guide only discusses how to get and amend your medical records from health care providers who have to follow the HIPAA Privacy Rule. The guide mentions some related topics without discussing them in detail. Here are some resources where you can find information about these related topics.

Alcohol and Drug Treatment Records

Records related to alcohol and drug treatment may be subject to other privacy rules. You can get more information about these records at:

http://hipaa.samhsa.gov/Part2ComparisonCleared.htm 

California Privacy Laws

You can find a consumer guide to health information privacy in California written by the California Office of Privacy Protection at:

http://www.privacy.ca.gov/health/yppr.htm 

Medical Records in General

You can read general information on your medical record rights, the flow of medical information, and how to create a personal medical record at http://www.myphr.com/

a Website operated by the American Health Information Management Association, an association of professionals who manage medical records and information. 

Medical Terms

You can find out the meaning of many medical terms and medical shorthand from the Medical Library Association’s Website at:

http://www.mlanet.org/resources/consumr_index.html 

Your library might also have books or brochures that explain medical terms.

Mental Health Treatment Records

You can get information about your rights in your mental health records under the combination of the HIPAA Privacy Rule and California law from Protection and Advocacy Inc., (PAI) a nonprofit corporation designated as California’s system to protect and advocate for the rights of persons with disabilities. PAI has prepared a memo on access to mental health records which is available at:

http://www.pai-ca.org/OPR/Information/AccessMedRec.pdf

You can find general information about how mental health records, and in particular psychotherapy notes are treated under HIPAA, in the Summary of the Privacy Rule written by the Office for Civil Rights, HHS at:

http://www.hhs.gov/ocr/hipaa/


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Written by Joy Pritts, J.D., Health Policy Institute, Georgetown University
© 2005 Georgetown University


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