Can I get a copy of my medical records?

Yes. In California, you’re entitled to view and copy records of your medical treatment. Sometimes doctor’s offices don’t want to comply because they’re worried you’re going to sue them. Sometimes they don’t comply because they don’t have good office procedures. Oftentimes, you only need to call them and tell them that you plan to come by and copy the records. The doctor or hospital may charge you a fee.

If they won’t comply and give you records you should put request in writing. Click here for a sample letter to request your medical records in Word Doc format.

Code sections that could be helpful for you include California Health & Safety Code 123110, which states that any adult patient of a health care provider, any minor patient authorized by law, to consent to medical treatment, and any patient representative shall be entitled to inspect patient records upon presenting to the healthcare provider a written request for those records and upon payment of reasonable clerical cost, incurred in locating and making the records available.

You’re also entitled to copies of any or all portion of the records upon presenting a written request to the healthcare provider specifying the records be copied. They can charge a fee to defray the cost of copying that shall not exceed .25 cents per page or .50 cents per page if they’re being copied from microfilm.

The healthcare provider should ensure that these copies are transmitted within 15 days. They’re also obligated to make copies of x-rays and other diagnostic items.

Evidence code section 1158 states that if an attorney at law or his or her representative presents a written authorization, signed by an adult patient, guardian or representative,  the medical provider shall promptly make all the patients records under the medical provider’s custody or control available for inspection and copying.

There’s a fine for violating California Health & Safety Code 123110 that could also include attorney’s fees and costs.

So in summary, you’re entitled to those records. Sometimes they’ll just give it right over to you and charge you a small fee. Sometimes all it takes is a phone call. Other times, you’re going to have to send a letter which will hopefully wake them up and get them to give you your records.

Click here for a sample letter.

How to Use HITECH Law to Access Your Medical Records

As a patient, you have the legal right to access your medical records. The Health Information Technology for Economic and Clinical Health (HITECH) Act, passed in 2009, strengthened this right by making it easier and more affordable for individuals to obtain electronic copies of their health records. Here’s how you can use the HITECH law to access your medical records effectively.

What is the HITECH Act?

The HITECH Act was created to promote the adoption and meaningful use of electronic health records (EHR). It complements the Health Insurance Portability and Accountability Act (HIPAA) by ensuring that healthcare providers store and manage medical records electronically, which makes accessing them more efficient for patients. The law also ensures that the cost for electronic copies is reasonable, typically lower than printed versions.

Steps to Request Medical Records Under HITECH

1. Contact Your Healthcare Provider Reach out to your healthcare provider’s medical records department. Most institutions have a formal process in place, including request forms for medical records. Be clear that you’re requesting the records under the HITECH Act and specify that you want electronic copies.
2. Make a Specific Request In your request, specify which records you want. This can include visit summaries, lab results, imaging reports, or any other pertinent documentation. Under HITECH, you’re entitled to a full copy of your medical record in a readable format.
3. Request in Electronic Format Ensure that your request states you prefer the records to be delivered electronically. This can be in the form of a CD, email, or via a secure online portal. The HITECH Act encourages electronic delivery and caps the cost for these requests.
4. Watch for Excessive Fees One of the major benefits of using HITECH is the cost. The law limits the amount that healthcare providers can charge for copies of your records. Providers can charge only a reasonable, cost-based fee for the labor involved in preparing the electronic file. If a provider tries to charge excessively, you can refer them to the HITECH guidelines.
5. Be Persistent If you encounter delays or resistance, remind your provider of your rights under the HITECH Act. Most requests must be fulfilled within 30 days, with a possible 30-day extension under specific circumstances.

The 21st Century Cures Act: Empowering Patients with Easier Access to Medical Records

The healthcare landscape is constantly evolving, and patient access to medical records is a critical part of this transformation. The 21st Century Cures Act, passed in 2016, represents a significant step forward in enhancing patient rights, particularly when it comes to accessing medical information. Here’s what you need to know about the Cures Act and how it impacts your ability to view your health records.

What is the 21st Century Cures Act?

The 21st Century Cures Act is a sweeping piece of legislation aimed at accelerating medical research, fostering innovation, and improving the overall quality of healthcare in the United States. While it touches on various areas, one of its most significant provisions is its focus on health information access. This act mandates that healthcare providers make it easier for patients to access their medical records electronically.

What Does the Cures Act Mean for Access to Medical Records?

Before the Cures Act, patients often faced hurdles when trying to obtain their medical records. Delays, high fees, and limited access to certain types of data were common. The Cures Act addresses these issues by prohibiting “information blocking,” a practice where healthcare providers or IT systems intentionally make it difficult for patients to access their data.

Key Provisions:

1. Timely Access Under the Cures Act, healthcare providers are required to provide patients with access to their electronic health information (EHI) without unnecessary delays. In most cases, records must be made available to patients within 24-48 hours after being generated.
2. Comprehensive Data The Act ensures that patients have access to a wider range of medical information, including clinical notes, lab results, imaging reports, and more. This helps patients make informed decisions about their care by giving them a full picture of their health.
3. Digital Access One of the central goals of the Cures Act is to enhance the use of electronic health records (EHRs). Providers must offer patients digital access to their medical records, usually through patient portals, apps, or secure email. This makes it more convenient for individuals to manage and review their health data.
4. Preventing Information Blocking The Cures Act prohibits information blocking, meaning that healthcare providers, health IT developers, or any related entities cannot restrict access to your medical information without a valid reason. If a provider fails to comply, they could face penalties.

How to Access Your Records Under the Cures Act

1. Use Your Provider’s Patient Portal Most healthcare organizations now offer patient portals where you can view and download your medical records. These portals are designed to give you real-time access to lab results, prescriptions, clinical notes, and more. Under the Cures Act, these platforms must provide timely and easy access to your data.
2. Request Digital Copies If you prefer not to use a portal, you can still request digital copies of your health records from your provider. Make sure to specify that you’re requesting access under the 21st Century Cures Act to ensure a quicker response.
3. Check for Complete Data After accessing your records, review them to make sure you’re receiving all relevant health information, including clinical notes and test results. If you notice any missing data, follow up with your provider and reference the Cures Act for compliance.

Conclusion

There are many law to help you get your medical records. It all begins with making the request. Click here for a sample letter to request your medical records in Word Doc format.