How to Get Legal Medical Record Summaries With HIPAA
What is HIPAA? The Standards for Privacy Identifiable Health Information or the Privacy Rule establishes national standards for protecting our medical information. It was issued by Health and Human Services to implement this as part of the Health Insurance Portability and Accountability Act of 1996, also known as HIPAA. It addresses the disclosure of one’s health information and assures that an individual’s info is protected while still allowing an efficient flow of information necessary for high quality health care. Because the health marketplace is so vast, a degree of freedom and flexibility is necessary to cover the plethora of uses that need addressing. Who Has Access? Under this law, only you or your representative are have access to your medical records. A health care provider or health plan may send copies to other health professionals only as needed or with your permission.
How to Request Your Medical Record? While the process may slightly differ throughout the states, it is basically similar. Thanks to HIPAA, medical professionals are obligated to give you your records when requested. State laws, however, can add variations to the process for requesting records and how much facilities can charge. Furthermore, individual doctors and hospitals may implement their own policies, and while they cannot contradict federal law, they too can add variations. All of these variations have the same goal: to make your records as secure as possible. The basic process, however, is as follows: 1. Complete an Authorization Form Contact the health information management department (HIM), medical records department, or health information services department, and request an “authorization for disclosure of protected health information” form. Sometimes you can fill it out online or mail it in. Regardless of the method, a completed and signed form is mandatory for your records to be released. 2. Select Your Records On the authorization form, there will be a section that asks which specific records you need copied. For this, you must know exactly which records you will need for your medical record summary. You can consult the person or organization helping you with your legal medical record summary, or contact a HIM professional. It’s important to recognize that HIPAA gives you a right to a copy of your records and not the originals. 3. Bring Photo ID While this may seem like common sense, it’s one step people may forget. You’re going to have to verify that you are who you are. If you are picking up someone else’s records, you will need additional documents to ascertain your right to access the records. After that, your request can take some time, so make sure to plan accordingly. HIPAA gives providers 30 days to complete each request, but a 30 day extension can also be applied. Some providers are quicker than others. Bu, with the right
information, you or your legal counsel can create a medical record summary to win that personal injury case. Good Luck!
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