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Patient
FAQs:
Q.
May I obtain a free copy of my medical record from my physician?
A.
You
may obtain a copy of your medical record but depending upon
state laws, your physician may charge a reasonable fee for
copying supplies, labor and postage.
Q.
Can my physician refuse to treat me if I refuse to sign an
authorization form?
A.
In
general, a physician cannot refuse to treat you if you decline
to sign the authorization form for disclosure of your health
information.
Q. How do I ensure that my physician
does not call me at home? A.
You
may request orally or in writing that you be contacted at
a certain telephone number, by mail or another means. Physicians
must comply with reasonable requests.
Q.
Can I request that changes be made to my medical record?
A.
Yes,
you may request in writing that specific changes be made to
your medical record. However, the provider does not have to
agree to your request.
Q. If I believe that my privacy
rights have been violated, when can I submit a complaint?
A.
By
law, health care providers (including doctors and hospitals)
who engage in certain electronic transactions, health plans,
and health care clearinghouses, (collectively, “covered
entities”) have until April 14, 2003, to comply with
the Privacy Rule. (Small health plans have until April 14,
2004, to comply). Activities occurring before April 14, 2003,
are not subject to the Office for Civil Rights (OCR) enforcement
actions. After that date, a person who believes a covered
entity is not complying with a requirement of the Privacy
Rule may file with OCR a written complaint, either on paper
or electronically. This complaint must be filed within 180
days of when the complainant knew or should have known that
the act had occurred. The Secretary may waive this 180-day
time limit if good cause is shown. See 45 C.F.R. §§
160.306 and 164.534. OCR will provide further information
on its website about how to file a complaint (www.hhs.gov/ocr/hipaa/).
In
addition, after the compliance dates above, individuals have
a right to file a complaint directly with the covered entity.
Individuals should refer to the covered entity’s notice
of privacy practices for more information about how to file
a complaint with the covered entity.
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