What are the best strategies for advocating for your right to access your medical records?
Learn from the community’s knowledge. Experts are adding insights into this AI-powered collaborative article, and you could too.
This is a new type of article that we started with the help of AI, and experts are taking it forward by sharing their thoughts directly into each section.
If you’d like to contribute, request an invite by liking or reacting to this article. Learn more
— The LinkedIn Team
Accessing your medical records can be a daunting task, especially if you encounter resistance or confusion from your physician or health care provider. However, you have a legal and ethical right to obtain, review, and correct your personal health information. In this article, we will share some of the best strategies for advocating for your right to access your medical records, and how to overcome common barriers and challenges.
The first step to accessing your medical records is to know your rights as a patient. In the United States, the Health Insurance Portability and Accountability Act (HIPAA) gives you the right to request and receive a copy of your medical records from most health care providers, such as doctors, hospitals, pharmacies, and labs. You can also ask for an electronic copy if the provider has one. You have the right to access your records for any reason, and you do not need to explain why you want them. However, there are some exceptions and limitations to this right, such as psychotherapy notes, information that could endanger someone's safety, or information that is part of a legal proceeding.
-
Amos Dare MD, FACS
Neurosurgeon, Founder - MedMatch Network | Digital Health Transformation Leader | Artificial Intelligence and Healthcare | Patient Advocacy | Author
Besides HIPAA, the ONC's Final Rule of 2023 establishes the statutory penalties created by the 21st Century Cures Act. If OIG determines that an individual or entity has committed information blocking, they may be subject to a $1 million penalty per violation. https://www.healthit.gov/topic/oncs-cures-act-final-rule
The second step to accessing your medical records is to make a written request to your health care provider. You can use a form provided by the provider or write your own letter. You should include your name, date of birth, contact information, the type and date of records you want, and how you want to receive them (such as by mail, email, or in person). You should also indicate if you are willing to pay a reasonable fee for the copies, as some providers may charge you for the cost of printing or mailing. You should keep a copy of your request and send it by certified mail or deliver it in person.
-
Amos Dare MD, FACS
Neurosurgeon, Founder - MedMatch Network | Digital Health Transformation Leader | Artificial Intelligence and Healthcare | Patient Advocacy | Author
The ONC's Cures Act Final Rule includes a provision requiring that patients can electronically access all of their electronic health information (EHI), structured and/or unstructured, at no cost. If your provider uses an electronic health record (EHR) system, there is a very good chance that they have a patient portal that can give you access. In some cases, you will be able to download these records yourself. In my current organization, we are actively implementing ways for patients to electronically secure their health information.
The third step to accessing your medical records is to follow up and negotiate with your health care provider if you encounter any delays or difficulties. According to HIPAA, your provider must respond to your request within 30 days, or 60 days if they need more time. If they deny your request, they must give you a written explanation and tell you how to appeal. If they ask for more information or clarification, you should provide it as soon as possible. If they charge you an excessive fee, you can try to negotiate a lower price or ask for a waiver. If they do not have an electronic copy, you can ask for a paper copy or a summary.
-
Amos Dare MD, FACS
Neurosurgeon, Founder - MedMatch Network | Digital Health Transformation Leader | Artificial Intelligence and Healthcare | Patient Advocacy | Author
Finally, to further support access and exchange of EHI, the rule implements the information-blocking provisions of the Cures Act. The rule outlines eight exceptions to the definition of information blocking. Unfortunately, sometimes the patient's record is too large or not properly structured for transfer. This is where technology can facilitate access and exchange of these records. In my current organization, we are helping countless patients to accomplish this safely and securely.
The fourth step to accessing your medical records is to review and correct your records once you receive them. You should check for any errors or omissions, such as incorrect diagnoses, medications, allergies, or procedures. You should also look for any gaps or inconsistencies, such as missing test results, referrals, or follow-ups. If you find any mistakes or discrepancies, you should contact your health care provider and ask them to amend or update your records. You have the right to request a correction or an addendum to your records, and your provider must respond within 60 days.
The fifth step to accessing your medical records is to use and share your records for your own benefit and care. You can use your records to monitor your health, track your progress, prepare for your appointments, or seek a second opinion. You can also share your records with other health care providers, family members, or trusted individuals who are involved in your care or decision-making. You can also use your records to participate in research, advocacy, or education programs that interest you. However, you should be careful about how and where you store, transmit, and disclose your records, as they may contain sensitive and confidential information.
-
Amos Dare MD, FACS
Neurosurgeon, Founder - MedMatch Network | Digital Health Transformation Leader | Artificial Intelligence and Healthcare | Patient Advocacy | Author
This is known as the decentralization of medical records. I recall when patient records sat on a shelf in the record room located at the back of the office. Then with HITECH, they were moved to an EHR systems, first on local servers, then remote servers, and currently in the cloud as SaaS (Software as Service) hosted by the EHR companies. This raises the question of who owns the patient's records. Well, according to the HIPAA of 1996, the original physical medical record is the property of the physician's office that generated it. However, the data on the medical records are the property of the patients themselves. However, the EHRs companies have a responsibility to secure the data as business associates of the medical practice.
The sixth step to accessing your medical records is to seek help and support if you need it. You can consult with a patient advocate, a lawyer, or a local consumer protection agency if you face any legal or ethical issues or disputes with your health care provider. You can also join a patient network, a support group, or an online community that can offer you advice, guidance, or encouragement. You can also educate yourself and others about your rights and responsibilities as a patient, and how to access and use your medical records effectively and safely.
-
Amos Dare MD, FACS
Neurosurgeon, Founder - MedMatch Network | Digital Health Transformation Leader | Artificial Intelligence and Healthcare | Patient Advocacy | Author
In conclusion, the patient owns their records and they have the right to them protected by both HIPAA and the 21st Century Cures Act. Since most providers now use EHR systems, they should be able to provide a portal for a patient to access and download their records electronically. We can assist the patients to accomplish this at no cost. The records belong to the patients and they should not be held hostage. With their records, patients can better navigate the healthcare marketplace. This was part of the objective of the 21st Century Cures Act.
(edited)2