I am going to state for everyone who reads this, HIPPAA is for the patient! One aspect of the HIPAA law is for the patient to have access to their records in a timely fashion. It was not designed for the hospital or the doctor to control. It seems basic but you would be surprised how many times I have to either call a medical office or hospital for a client and ask for an explanation as to why the records have not been released. I frequently hear from the medical records official, the patient needs to sign a release. I usually inform the official, I am holding a copy of the release. I have had a major hospital in San Diego tell me, the records couldn’t be released because of HIPAA rules which were a patient could only have the records after discharge from the hospital. I didn’t know whether to ask if he was trying to be funny or if he had lost his mind. Instead, I requested to speak with his supervisor. My client had the complete records the next morning.
HIPAA On Its Head
The federal HIPAA regulation guarantees the patient the right to their medical records. It states the office and/or hospital must send it within 30 days. Sometimes there is a fee for getting the records. Many states have added more restrictions. For instance, California requires the provider or hospital to let the patient know within five days how long it will take. If the provider or hospital refuses, each state has a HIPAA compliance division where a complaint can be filed. In every hospital, there is a HIPAA compliance officer who can help solve the problem. Don’t ever let someone tell you medical records are not available. It is important to know your rights. There is no reason, after a consent form is signed, medical records can be refused. Here are two informative links on HIPAA regulations.
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