"please keep me updated about oximeters "
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HIPAA And A Patient's Right To Copies Of Their Medical Records
I apologize. I promised this information several days ago but its been a busy few days.
I provide this URL first as it provides access to individual states laws
http://hpi.georgetown.edu/privacy/records.html
This site provides some information on the limitations to access to copies of your medical records at one university
http://www.cumc.columbia.edu/hipaa/policies/rights.html
Some of which are
The patient may only access, inspect, and/or obtain a copy of his/her PHI in a "designated record set." The designated record set does not include, and the patient may not access:
Psychotherapy notes about the patient;
Personal notes and observations about the patient created by a health care provider (provided such notes and observations are not included in the patient's medical record);
PHI that is compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding; and
PHI that is subject to the Clinical Laboratory Improvements Amendments of 1988 (CLIA).
The patient's provider can provide a summary of the patient's PHI in lieu of granting access to all the patient's PHI if, in the professional judgment of the patient's provider, providing the patient with unlimited access to his/her PHI would endanger the life or physical safety of the patient or another person.
That "designated record set" is the battle I am fighting right now. A sleep center is maintaining that the full scored data summary report w/condensed graphs is excluded from that "designated record set". Thankfully, my original sleep center was not so paranoid about their records and I've had no difficulties getting these full reports from them. I haven't give up yet, tho, on obtaining that report from the recalcitrent sleep center. The more I am denied access the more determined I become to gain access and a copy!
This URL is access to a privacy rights orgnization
http://www.privacyrights.org/fs/fs8-med.htm#E
and lastly the government website
http://www.hhs.gov/ocr/privacy/index.html
I provide this URL first as it provides access to individual states laws
http://hpi.georgetown.edu/privacy/records.html
This site provides some information on the limitations to access to copies of your medical records at one university
http://www.cumc.columbia.edu/hipaa/policies/rights.html
Some of which are
The patient may only access, inspect, and/or obtain a copy of his/her PHI in a "designated record set." The designated record set does not include, and the patient may not access:
Psychotherapy notes about the patient;
Personal notes and observations about the patient created by a health care provider (provided such notes and observations are not included in the patient's medical record);
PHI that is compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding; and
PHI that is subject to the Clinical Laboratory Improvements Amendments of 1988 (CLIA).
The patient's provider can provide a summary of the patient's PHI in lieu of granting access to all the patient's PHI if, in the professional judgment of the patient's provider, providing the patient with unlimited access to his/her PHI would endanger the life or physical safety of the patient or another person.
That "designated record set" is the battle I am fighting right now. A sleep center is maintaining that the full scored data summary report w/condensed graphs is excluded from that "designated record set". Thankfully, my original sleep center was not so paranoid about their records and I've had no difficulties getting these full reports from them. I haven't give up yet, tho, on obtaining that report from the recalcitrent sleep center. The more I am denied access the more determined I become to gain access and a copy!
This URL is access to a privacy rights orgnization
http://www.privacyrights.org/fs/fs8-med.htm#E
and lastly the government website
http://www.hhs.gov/ocr/privacy/index.html
Views: 17
Replies to This Discussion
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Permalink Reply by Daniel on
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Keep up the fight, Judy. One potential pitfall you should be aware of is that the lab may hit you up for a "Photocopy Fee." I think they can charge anything they want. One lab I know of charges $25.
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Permalink Reply by Judy on
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Thanks, Daniel. Yup, I'm aware of the "reasonable fee" they are allowed to charge. One of our local hospitals likes to charge a $10 access fee and then 75 cents a page (for a one page report). I got around that easily enough by having them send the report to my family doctor and getting a copy from him. Of course, this hospital tried to hand me the BS that my family doctor could not legally provide me w/a copy but .... ah, the snow jobs these people try to hand us. *sigh* Needless to say I make it a point of NOT utilizing this hospital's services. Fortunately, we have two hospitals in our neighboring town.
I've been fighting this "patients' rights to their medical records" since back in the early 60s when "heaven forbid!!!!" the patient should see what the nurse wrote down on her little notes for our BP, pulse and temperature!!!! I used to delight, when I had each of my kids, to take my chart off the wall and sit on my hospital bed to read it. The nurses would just about have a heart attack!!! My chart always ended up permenently at the Nurses' Desk for my entire stay. *wicked grin*
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Permalink Reply by RichM on
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Good info. I am in the process of trying to get my full report. I have used my family Dr as a go between before I just say to them to send a copy to my Dr and most of the time it has not been a problem. And my Dr will always give me a copy if I ask him. I will be going down to my sleep center next week and try and get a copy from them. Thanks for the info
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http://www.hhs.gov/ocr/privacy/hipaa/un ... cords.html
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Permalink Reply by Mike on
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judy, i think the link got cut off somehow/doesn't work. when you can, please re-post the link
Judy said:http://www.hhs.gov/ocr/privacy/hipaa/un ... cords.html
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http://www.hhs.gov/ocr/privacy/
This above gives you the "home" page and a wide variety of subjects w/in the HIPAA laws to search thru. For some reason the hyperlink icon doesn't work for me here so I have to copy and paste from elsewhere.
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Permalink Reply by sleepycarol on
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Thanks Judy.
When I have more time I am going to try to again to get a copy of my sleep report.
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