Your health records contain a lot of information. Here’s just some of what is in them:
- Your medical history
- Your family medical history
- Your test results
- Your doctor’s, nurse’s, and other clinicians’ notes
- Findings from check-ups and examinations
- Medicines that have been prescribed for you
- Suggestions and next steps for your care
A law called HIPAA gives you the right to see all of your records from doctors, hospitals, pharmacies, and other places. HIPAA stands for “Health Insurance Portability and Accountability Act” and was passed by the U.S. Congress in 1996.
In 2016, the U.S. Congress made that rule stronger by passing the 21st Century Cures Act. The Cures Act orders hospitals and doctors to make it easy for you to see health records.
As of April 2021, “blocking” you from your health records is against the law and may result in fines for hospitals and doctors.
The new law requires doctors and hospitals to give patients access to their electronic medical records. You have the right to see them quickly and at no cost.
The problem is that some people are having a hard time finding or getting their medical records. If that is true for you, you may be experiencing medical record “information blocking.”
Review the 3 Common Situations below to figure out whether you are experiencing information blocking. Most people fall into Situations 1 and 2. When you decide which applies to you, follow our prompts to find help.
Accessing, downloading, and reading your medical record is your right. If a doctor or hospital is preventing you from getting your record, it is important to report it.
You can report “information blocking” to the Office of the National Coordinator (ONC) for Health IT (information technology). The ONC is part of the U.S. Department of Health & Human Services. The ONC is responsible for researching public complaints of information blocking.
The reporting website is a bit complicated—check it out
Why would you want your medical information?
You may want to access your medical records for many reasons.
Here are just a few:
Sharing information with other doctors or health care providers. You are going to see a new doctor or other clinician. Before you do that, make sure you review information from your current or former providers. That will help you be fully prepared to discuss your health care.
Reminders from past visits. You might want to review what was discussed in a recent healthcare visit. Studies show that patients forget or do not remember more than half of what is discussed with their doctors and other clinicians. Reading your doctor’s notes from a visit can help remind you of the next steps and instructions.
Sharing information with others helping with your health care. It is easy to share information with others who help you with your health care when you have a copy of your health records.
Find errors or mistakes. Review the information in your record to make sure it’s correct. You may find errors or mistakes. Some of them may have little or no impact on your health care, but others may be important to point out to your doctor.
Getting ready for future visits. Reading information from medical visits can help you prepare questions and topics you want to be sure to cover.
Decision-making. You might want to review past visits and notes from your doctors and nurses. Reviewing can help you make informed choices about your health care.
Better understand and manage your health and health care. Your records help you remember your past and current health care. They make it easier to ask good questions. They guide you in making choices for your care and following suggestions.
Keeping your old records. Laws about health records are different in each state. In general, doctors' offices do not have to keep copies of your old medical records. Some offices choose to shred or get rid of your health records after a few years. Keep a copy of your records in a safe place. Old records can be helpful if you develop a serious medical condition in the future.
The law clearly states your medical records are your property, not the hospital nor providers.
The punishment for violating the Health Insurance Portability and Accountability Act (HIPAA) can vary depending on the severity and nature of the violation. Here are some of the potential penalties:
1. Civil Penalties:
- Penalties range from $100 to $50,000 per violation, with a maximum of $1.5 million per year for all violations of an identical provision.
- Penalties are tiered based on the level of negligence, from "did not know" to "willful neglect."
2. Criminal Penalties:
- Fines up to $50,000 and/or imprisonment up to 1 year for knowingly obtaining or disclosing protected health information (PHI).
- Fines up to $100,000 and/or imprisonment up to 5 years for obtaining PHI under false pretenses.
- Fines up to $250,000 and/or imprisonment up to 10 years for obtaining PHI with the intent to sell, transfer, or use it for commercial advantage, personal gain, or malicious harm.
3. Other Consequences:
- Corrective action plans and ongoing monitoring by the Department of Health and Human Services (HHS) Office for Civil Rights.
- Potential loss of medical licenses or exclusion from federal healthcare programs.
- Lawsuits from affected individuals or entities.
The severity of the penalties depends on factors such as the nature of the PHI disclosed, whether the violation was intentional or due to negligence, and the steps taken to mitigate the breach and prevent future occurrences. It's important for healthcare organizations and professionals to fully understand and comply with HIPAA regulations to avoid these potential consequences.
Where is My Medical Record? - Where is My M
edical Record?
No comments:
Post a Comment