Update on how you can get copies of your medical records

People often want to know exactly what their medical records say. Maybe your insurance company won’t cover a certain procedure, or your workers’ compensation or personal injury claim was denied. Insurance companies often say it’s because of something in your records. Obtaining your records can sometimes help cut down on the cost of duplicate or unnecessary tests, and can give you a better awareness of your health and medical care.

The Health Insurance Portability and Accountability Act (HIPAA) helps to keep your information private, but sometimes that has created a challenge for people who want access to their own health care information. Now, new guidelines under the Affordable Care Act aim to reduce that challenge.

The new guidelines include the following:

• Patients cannot be required to state a reason for requesting their medical records
• Patients cannot be denied medical records based on a concern for the patient
• Patients cannot be required to pick up records in person, they must be mailed or emailed upon request
• Medical records cannot be withheld based on a patient’s past due payment status
• A fee may be charged for copying the medical records, but not the cost of search and retrieval of the data.

Know your rights! You have the right to receive access to the following information (as specified here): medical records, billing and payment records, insurance information, clinical laboratory test results, medical images (such as X-rays), wellness and disease management program files, and clinical case notes, among other information used to make decisions about individuals. Information not used to make decisions (such as psychotherapy notes or information compiled for use in a civil, criminal, or administrative action or proceeding) is not required to be provided. You may have to fill out a request for records in writing.

You have the right to request copies of your medical records that are sent to a certain person or entity. You can request a copy of your records in paper or electronic format and should receive it in the requested format. There are some exceptions if the electronic copy is not “readily producible electronically.” The records must be provided within 30 calendar days, there are some extensions that vary state by state.