In most cases, it’s illegal for them to deny you access, according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) laws. If they do deny your request, you need to determine whether you have a legal right to them and what steps to take.
Also, there are medical records storage time requirements which vary by the state you live in, the type of record, your record of medical problems, and where the records are being kept.
Simply making a phone call may not be enough. There are certain steps you may need to take, including letter-writing and signatures. Included in the protocol is payment for the records.
You may be required to pay for the copies of your medical records before they are provided. The amount you can be charged will vary by state. If you can’t afford them, each state also provides a procedure for reducing the cost.
If you make your request from a non-covered entity then your request will not fall under HIPAA laws and requirements. Find one of the covered entities that have your records and make the request there.
By federal law, the maximum amount of time they can delay is 60 days.
Verifying you have a right to those recordsFollowing the right steps for getting themDouble checking you’ve made the request of a covered entityWaiting long enough
Once you are sure you have them completed, if you are still being denied access to your health records, you can make a complaint to the U.S. Department of Health and Human Services.
Follow their complaint process against the covered entity that’s denying you access.
Important: This complaint must be filed within 180 days of the denials. Also, the law prohibits retaliation on the part of the covered entity.
That action came as a result of complaints made by patients through the complaint process described above.
