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 (correcting) 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
You may be able to get answers to your questions about your rights under the HIPAA Privacy Rule from the Office for Civil Rights, United States Department of Health and Human Services (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.
New Jersey Health Information Management Association
You can ask the New Jersey Health Information Management Association specific questions about medical records by using a link at http://www.njhima.org. A health information management specialist will respond to your question.
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.
You can file a complaint with the Office for Civil Rights, United States Department of Health and Human Services (OCR).
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 doctor of medicine, doctor of osteopathy or podiatrist with the New Jersey Board of Medical Examiners at:
State of New Jersey
State Board of Medical Examiners
P.O. Box 183
Trenton, NJ 08625
You can file a complaint form online or download a complaint form to mail at: http://www.state.nj.us/lps/ca/comp.htm. You can also obtain a complaint form by calling 609-826-7100.
You can find information about where to file complaints about other types of health care professionals at: http://www.state.nj.us/lps/ca/bme/bme.htm.
You can file a complaint about a hospital with the New Jersey Department of Health, Complaint Hotline at:
1-800-792-9770
Can I sue my health care provider for violating my rights to get and amend my medical record?
You have the right to sue your health care provider in New Jersey state court for violations of your rights to get your medical record under New Jersey law.
You do not have the right to sue your health care provider for violating your right to get and amend your medical record under the HIPAA Privacy Rule.
