Both the HIPAA Privacy Rule and Michigan law 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. Michigan law sets standards for records held by doctors, hospitals and other health care providers within the state. Most health care providers must follow both the HIPAA Privacy Rule and Michigan law. If a standard in Michigan law conflicts with a standard in the HIPAA Privacy Rule, your health care provider must follow the law that is the most protective of your rights.
Summary of Your Rights
In Michigan you have the right to:
- See and get a copy of your medical record.
Your health care provider usually must let you see your medical record or give you a copy of it as promptly as the circumstances require and no later than 30 days after they receive your request.
Your health care provider generally is allowed to charge you a fee for copying your record. The cost per page depends on the number of pages copied. They can also charge you the actual cost for postage if you have the copy mailed to you.
Correct your medical record by having information added to it.
You have the right to have information added to your medical 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.
You can learn more about these rights in the following sections of guide.
Who Has to Follow These Laws?
Most Michigan health care providers (such as doctors, dentists 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, however, that do not have to follow the HIPAA Privacy Rule. The HIPAA Privacy Rule only covers health care providers that use computers to send health information for certain administrative or financial purposes (such as filing claims for insurance).
Example
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 federal 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 only apply 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 health care provider does not have to follow HIPAA?
Even if your provider does not have to follow the HIPAA Privacy Rule, they still have to follow Michigan laws that give you rights to your medical record. Section 6 lists some resources for these state laws.
This guide, however, only explains getting your medical record from Michigan providers who have to follow the HIPAA Privacy Rule and state law.
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 correct 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 will call 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, 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.
- Medicine prescribed.
- Your doctor's notes about you.
- Other information about things that can affect your health or health care.
You have the right to get and amend your record whether it is kept on paper, on a computer, or in some other format.
Who owns my medical record?
Under Michigan law, your health care provider owns the actual 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.
What happens if my medical record has information in it that came from a different health care provider?
Generally, if your provider has the medical information that you request, they must give it to you. You have the right to get the information no matter who originally put it 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 of this guide.
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 that explain 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 correct 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. Generally, a personal representative 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 record?
Generally, yes. As a parent, you generally have the right to get and amend your minor child’s medical record. In Michigan, 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 minor 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, your child has the right to get and amend her own medical record. This 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 Michigan law. Who has the right to get and amend my medical record?
You do. If you are under 18 and are considered emancipated under Michigan law, you have the right to get and amend your own medical record. Your parents generally do not have the right to access your record.
I am a minor. I am not emancipated but I can legally consent to certain kinds of medical treatment without my parents’ permission. Who has the right to get and amend my records that are related to this treatment?
In Michigan, minors can consent to certain kinds of medical treatment such as diagnosis and treatment for venereal disease without the permission of their parents. If you consent to receive this type of medical treatment, under the Michigan Medical Records Access Act, you have the exclusive right to get and correct your own medical record related to this treatment. You should note, however, that another Michigan law gives your provider the option of sharing medical information related to treatment for venereal disease with your parents if necessary for medical reasons. It is not yet clear whether providers still have this option after the passage of the Michigan Medical Records Access Act.
If you have questions or concerns about whether your parent will have access to your medical information, you should talk to your health care provider.
I am named as my mother’s patient advocate in her health care power of attorney. Do I have the right to get her medical records?
Yes. If you are listed as your mother’s patient advocate in her health care power of attorney form, you generally have the right to get and correct her medical records that are relevant to making health care decisions on her behalf. You have the right of access while the power of attorney is in effect.
Maria’s mother signed a health care power of attorney form that names Maria her patient advocate. This form gives Maria the power to make health care decisions if her mother is unable 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 health care decisions on her mother’s behalf. Maria also has the right to get medical records related to 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 these 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 his medical record?
It depends. In Michigan, you generally have the right to get a deceased patient’s medical record if you are the personal representative of the estate. If there is a formal will contest, you have the right to a deceased's medical records if you are the surviving spouse or other heir at law. If there is a dispute over life insurance benefits, you have the right of access to the deceased's medical records if you are a beneficiary of the deceased’s life insurance policy.
How Long Does My Provider Have to Keep My Medical Record?
In Michigan, there is no definite time that doctors and hospitals must keep your medical records. Other health care providers may have to keep treatment records for minimum time periods. For example, dentists must keep treatment records at least 10 years after the patient’s last dental service.
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.
