HIPAA And Your Rights - What To Do When A Facility Denies Access To Medical Records

Access to your medical records is a basic right protected by HIPAA. This law gives you access rights to your health information for display and collection when it is needed. But what happens if a facility denies your request? That is where knowing about your rights and how to proceed comes in.

What Is HIPAA And Why Does It Matter?

HIPAA stands for the Health Insurance Portability and Accountability Act. This law protects your medical privacy and gives you access to your health information.

It makes sure that healthcare providers and facilities protect your records. It also ensures that you have the right to view and access the copy of your records whenever they are necessary.

Your Rights To Access Medical Records Under HIPAA

As a patient, you have many rights. Do you want to know your right? Then have a look at the following points.

  • Access your medical records within 30 days of requesting them
  • Receive a copy in the format that you prefer
  • Correct or make changes to incorrect information in your records

Common Reasons Facilities Deny Access

Facilities may deny access to your medical records for several reasons. Some are valid, while others violate HIPAA. Do you want to know the valid reasons? Take a look.

  • If releasing the records could harm you or someone else
  • If the request doesn’t follow the facility’s procedures

Moreover, if you want to know the invalid reasons, continue reading the following points.

  • Claiming they’re too busy to provide them
  • Denying access without proper explanation

Steps To Take When Denied Access To Records

If you’re denied access to your medical records, there are some important steps that you should follow. Do you want to know the steps? Then, continue reading the points below to find out.

1.    Review The Reason That Why Was The Access Denied

Ask for a written explanation of why access was denied.

2.    Double-Check Your Request

You should make sure that the request that you have sent request follows the facility’s procedures.

3.    Contact The Facility’s Privacy Officer

If you are still facing problems, you should then request their help to resolve the issue.

4.    Keep Documentation

Save copies of your request and any correspondence. This is because, it will help you in the future if further action is needed.

When To Seek Legal Help For HIPAA Violations

If the denial persists or causes harm, it might be time to seek legal help. Consider contacting an attorney. Do you want to know when you should ask for legal help for HIPPA violations? Have a look.

  • You face repeated or unjust denial of access
  • The denial results in delayed treatment or harm
  • You experience retaliation for requesting your records

Know Your Rights With Talmadge Law Firm

Do you want to know more about your rights regarding the Bakers Act? Well, If you’ve been denied access to your medical records, then Talmadge Law Firm is here to help. We’re here to help you if you have any questions regarding HIPAA. Contact us or visit our website for a consultation.

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