Medical record policies & procedure in the hospital?

Does HIPAA affect the patient's access to her medical record if so describe the effect and the procedure for obtaining access?

• Answer:

  Yes -- HIPAA allows a patient to see their own medical record, with very few exceptions. They may not demand Psychotherapy Notes They may not demand material being specifically prepared for an anticipated legal defense by the Covered Entity (but they can still see their charts and such). The CE may withold record that records the name of someone who has contributed to the patient chart and may be endangered (typically by the patient) if their name is revealed. The CE may attempt to withold PHI if they have strong reason to believe this would incite an assault on someone listed in the record. The CE cannot release the patient's PHI if the patient is a convicted inmate in a correctional facility. Or in the military. All you have to do is inform the Covered Entity in writing that you wish disclosure of your entire designated record set en toto. The CE is entitled to charge a nominal fee to recompense them for the effort of copying the record, but this fee cannot be so high as to restrict the patient's access to their records. The CE is allowed a reasonable amount of time to prepare the copies. 30 days is usually the number now. CE's are required by law to provide the patient with a Notice of Privacy Practices (NPP) that describes the exact procedure the CE wants the patient to follow in order to get a copy of their record. This however doesn't in any way abrogate the patient's rights, so an NPP that said the CE would provide copies in a year wouild be overturned by a complaint. The NPP must by law contain the procedure to fiile complaints. Refer to the Federal Department of Health and Human Services, Office of Civil RIghts in Washington, D.C. for more data on this.