This guide is just a summary of your rights to see, get a copy of and amend (correct) 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 seek legal help 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, U.S. 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 questions answered there you can call OCR at 1-866-627-7748. This is a toll free number. OCR requests that you read their responses to frequently asked questions before you call this number.
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 discuss problems and issues you have about getting and amending your medical record with your health care provider. It is possible that you may be able to resolve your issues informally. It is also likely that if you contact someone for assistance, they will ask whether you have tried to solve your problem informally. If you believe your rights have been violated and are unable to resolve your issues informally, there are a number of possible actions you can take.
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, United States 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.
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 licensed health care practitioner with the Florida Department of Health, Division of Medical Quality Assurance.
All complaints about doctors and health care practitioners must be in writing.
Information about filing a complaint and a printable complaint form are available on the Department’s Web site at: http://www.doh.state.fl.us/mqa/
You can also call 1-888-419-3456 toll-free to request the Department to mail a complaint form to you.
You can file a complaint about your hospital or other health care facility with the Florida Agency for Health Care Administration at:
1-888-419-3456 (toll free)
You can get more information about filing complaints against hospitals at:
http://www.fdhc.state.fl.us/Contact/call_center.shtml
Can I sue my health care provider for violating my right to get my medical record?
You have the right to sue your health care provider in Florida Circuit Court to get a copy of your medical record or to challenge copying fees for medical records.
You do not have the right to sue your health care provider in federal district court (U.S. District Court) for violating your right to get and amend your medical record under the HIPAA Privacy Rule.
