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Profile IconBLev and bruce david joined SleepGuide
Aug 21

HIPAA And A Patient's Rights To Their Medical Records

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

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