Both the
HIPAA Privacy Rule and Florida laws give you rights to your medical record. The HIPAA Privacy Rule sets standards that apply to records held by
health care providers across the nation. Florida law sets standards for records held by health care providers within the state. Most health care providers must follow both the HIPAA Privacy Rule and Florida law. If a standard is different under the HIPAA Privacy Rule than it is under Florida law, your health care provider must follow the law that is the most protective of your rights.
Summary of Your Rights
In Florida, you have the right to:
- See and get a copy of your medical record.
Upon your request, your health care provider must give you a copy of your medical record in a timely manner, usually within 30 days. They must also let you see your medical record if you ask.
Your health care provider is allowed to charge you for copies. They can also charge you for postage.
- Amend your medical record by having information added to it.
You have the right to have information added to your record to make it more complete or accurate. This right is called the right to amend your record.
- File a complaint.
You have the right to file a complaint with the Office for Civil Rights, U.S. Department of Health and Human Services if you believe your health care provider has violated your right to see, get a copy of, or amend your medical record. You can also file a complaint with the state agency that regulates your health care provider.
- Sue in state court to obtain your medical record.
You have the right to sue in Florida local court to get a copy of your medical record.
You can learn more about these rights in the following sections of this guide.
Who Has to Follow These Laws?
Most Florida health care providers (such as doctors and hospitals) must follow both the HIPAA Privacy Rule and state laws that give patients rights in their medical records.
There are some health care providers that do not have to follow the HIPAA Privacy Rule. The HIPAA Privacy Rule only covers health care providers that use computer technology to send health information for certain administrative or financial purposes (such as filing claims for insurance).
Sometimes Ashley goes to a doctor at a free clinic for medical treatment. The doctor does not accept private insurance, Medicaid, or Medicare. The doctor does not file any insurance claims. Ashley’s doctor probably does not have to follow the HIPAA Privacy Rule because the doctor does not appear to send health information for the types of administrative or financial purposes that would make her a covered health care provider under the Rule.
If you have questions about whether your health care provider must follow the HIPAA Privacy Rule, you can contact the Office for Civil Rights, U.S. Department of Health and Human Services (OCR), the agency that is in charge of enforcing the HIPAA Privacy Rule. Section 4 of this guide lists contact information for OCR.
Are nursing homes covered by HIPAA?
Yes. Most nursing homes are covered by the HIPAA Privacy Rule. They also have to follow other specific rules that cover health records belonging to nursing homes and long term care facilities. Because the rules for nursing homes are different than they are for other health care providers, they are not covered by this guide.
What if my provider does not have to follow HIPAA?
If your provider does not have to follow the HIPAA Privacy Rule, they still have to follow Florida laws that give you rights to your medical record. Section 6 lists some resources that summarize these state laws.
This guide, however, only explains getting your medical record from Florida providers who have to follow the HIPAA Privacy Rule.
What Records Do I Have the Right to Get and Amend?
You have the right to see and get a copy of your medical record. You also have the right to amend your medical record by having information added to it to make it more complete or accurate. This right is called the right to amend your record. (This guide calls these rights the right to “get and amend.")
Your medical record includes such things as:
- Information that identifies you, such as your name and Social Security number.
- Information that you tell your doctor or health care provider, such as:
- Your medical history.
- How you feel at the time of your visit.
- Your family health history.
- The results of your examination.
- Test results.
- Treatment received in a hospital.
- X-rays, records made by heart monitors, and similar items.
- Medicine prescribed.
- Other information about things that can affect your health or health care.
This guide generally refers to all of this information as your “medical record.”
Who owns my medical record?
Under Florida law, your health care provider owns your medical record. For example, if your provider maintains paper medical records, they own and have the right to keep the original record. You only have the right to see and get a copy of it.
My provider makes personal notes about patients in their medical record. Do I have a right to get these notes?
Probably. You have the right to get a provider’s personal notes about you if the notes are used to make decisions about you.
Michael’s doctor writes notes about her personal impressions of patients in their medical records. She uses these notes to help her treat her patients. For example, she wrote a note in Michael’s medical record saying she suspects that he is exaggerating his complaints about his health and that his problems are “all in his head.” If Michael requests his entire medical record, the doctor must let him get a copy of this note.
What happens if my medical record has information in it that came from a different health care provider?
Generally, if a health care provider has the medical information that you request, they must give it to you. It does not matter who originally put the information in the record. Your right to amend this information may be limited, though. For more information about how to amend information in your record you can read Section 3.
My health care provider collected information about me because they think I might sue them. Do I have the right to get this information?
Not under these particular laws. You do not have the right under the HIPAA Privacy Rule to get information about you that has been gathered for potential use in a law suit or similar proceeding.
Roberto complained to his hospital that he was very unhappy with his treatment. Believing that Roberto is going to sue, the hospital lawyer interviews doctors and nurses involved with Roberto’s case to get their version of what happened. Roberto requests a copy of all medical information that the hospital has about his treatment. The hospital must give Roberto a copy of his medical record, including test results and entries made while Roberto was in the hospital. However, the hospital does not have to give Roberto a copy of the interview notes they took for potential use in the lawsuit.
Do I have the right to get and amend records about my mental health treatment?
Maybe. The rules for when you can get and amend your records about mental health treatment can be different. For example, psychotherapy notes are treated differently than other records under the HIPAA Privacy Rule. Because the rules for mental health records can be different they are not discussed in this guide. You can find some resources about your rights in these types of records in Section 6.
Who Has the Right to Get and Amend My Medical Record?
You have the right to see and get a copy of medical records that are about you. You also have the right to amend medical records that are about you by having information added to them. (This guide calls these rights the right to “get and amend” your medical record.) If there is someone who acts as your personal representative they usually have the right to get and amend your record on your behalf. A personal representative generally is a person who has the right to make health care decisions on your behalf.
Do I have the right to get and amend my minor child’s medical records?
Generally, yes. As a parent or guardian, you usually are considered to be the personal representative of your minor child. As a personal representative, you generally have the right to get and amend your child’s medical record. In Florida, you have these rights when your child is younger than 18 years old.
As a parent, do I always have the right to get and amend my child’s medical record?
No. A parent does not always have the right to get and amend a child’s medical record. For example, if a health care provider reasonably believes that a parent is abusing or neglecting a child, the provider does not have to treat the parent as the child’s personal representative. This means the provider does not have to give the parent access to the child’s medical record.
Some other situations where parents do not have the right to get and amend their child’s medical records are discussed in the following questions and answers.
Who has the right to get and amend my child’s medical record once she turns 18?
Once your child turns 18, she has the right to get and amend her own medical record. This right includes getting access to records that were created when she was younger. You usually no longer have the right to get and amend your child’s medical record just because you are her parent.
I am under 18, but I’m considered emancipated under Florida law. Who has the right to get and amend my medical record?
You do. If you are under 18, but are considered emancipated under Florida law, you have the right to get and amend your own medical record. For example, if you are under 18 and are married, you are considered emancipated under Florida law. Similarly, you are emancipated under Florida law if a court has declared you to be emancipated. In both these cases, you (not your parents) have the right to get and amend your medical record.
I am a minor. I am not emancipated but can legally consent to certain kinds of medical treatment without my parents’ permission. Who has the right to get and amend medical records that are related to this treatment?
It depends. In Florida, unemancipated minors can sometimes consent to medical treatment without the permission of their parents. When you consent to such treatment, you have the right to get and amend your own medical record related to that treatment. The HIPAA Privacy Rule lets state law determine whether your parents also have access rights to information about this treatment.
For example, in Florida, a minor may obtain treatment for a sexually transmissible disease (such as gonorrhea or HIV) without parental consent. When you obtain such treatment, your parents do not have the right to get and amend medical records about this treatment.
Jason is under 18 and has been sexually active. At his annual exam Jason consents to an HIV test. Jason’s mother later requests a copy of Jason’s medical record. Jason’s health care provider cannot give Jason’s mother the part of his record about the HIV test unless Jason gives his written permission.
The rules may be different when you, as a minor, obtain other sorts of treatment without parental consent.
If you have questions or concerns about whether your parent will have access to your medical record you should talk to your health care provider.
My mother named me as her health care surrogate. Do I have the right to get and amend her medical records?
Yes. In Florida, a person can designate another person (a surrogate) to make health care decisions on their behalf. If you are your mother’s health care surrogate, you generally have the right to get and amend her medical records that are relevant to making health care decisions on her behalf. You have this right while the health care surrogate is in effect.
Maria’s mother signed a form designating Maria as her health care surrogate. If Maria’s mother is not able to make decisions about her health care, this form gives Maria the power to make such decisions. Maria’s mother was in a bad accident and is not able to make decisions about her health care. Maria now has the right to make decisions on her mother’s behalf. She also has the right to get and amend medical records that are relevant to making these decisions. For example, Maria has the right to get the records about her mother’s current medical condition and treatment.
Maria is curious about the time her mother had a miscarriage. Maria wants to look at these old medical records. Maria does not have the right to get and amend these old medical records because the records have nothing to do with her mother’s current condition or treatment.
My father recently died. Do I have the right to get and amend his medical record?
Maybe. You don’t necessarily have the right to get and amend a deceased person’s medical record just because you are related to them. In general, you have the right to get and amend a deceased person’s medical record if you have the right to act on behalf of the deceased or their estate. In Florida, the rules for getting the medical record of a deceased person are different depending on who has the record.
For example, you have the right to get and amend a deceased person’s medical records from a doctor if you are one of the following:
- A legally recognized guardian of the patient (such as the parent of a minor child).
- A court appointed representative of the patient.
- Any person designated by the patient or by the court to receive copies of the patient’s medical records.
You have the right to get and amend a deceased person’s hospital records if you are one of the following:
- The person’s guardian.
- The person’s curator.
- The personal representative of the deceased.
If there is no guardian, curator or personal representative, you have the right to get and amend the deceased’s medical record if you are their next of kin.
How Long Does My Provider Have to Keep My Medical Record?
Under Florida law, many health care providers must keep medical records for a minimum period of time. For example, doctors in Florida must keep medical records for at least five (5) years after their last contact with the patient. Public hospitals in Florida must keep their medical records at least seven (7) years after the patient has been discharged. In practice, many health care providers keep their records longer.
You have a right to see, get a copy of, and amend your medical record for as long as your health care provider has it.
What happens to my medical records if my health care practitioner retires or quits their practice?
Under Florida law, a health care practitioner (such as a doctor) must put an advertisement in the local newspaper or send you a letter or other writing that says they are quitting their practice, retiring, or relocating. At this time, they must offer patients the opportunity to obtain a copy of their medical record. Health care practitioners must also tell the appropriate Florida regulatory board who the new records owner is and where the medical records can be found. The new owner of the records must allow you to get and amend your medical records.
What happens to my medical record if my health care practitioner dies?
If your health care practitioner dies, the appropriate Florida regulatory board can appoint someone else as custodian of the medical records held by the practitioner. For example, if your doctor dies the Florida Board of Medicine can appoint someone else as custodian of the medical records held by the doctor. The custodian of the records must allow you to get and amend your medical records.
