Misinformation due to medical identity theft and can lead to an inaccurate diagnosis, denial of treatment and/or medical bills that do not belong to you. HIPAA, the Health Insurance Portability and Accountability Act, is a federal law that protects patients from unauthorized access to personal medical information and addresses the problem of obtaining your records and correcting errors in medical records. We suggest you also check your state laws regarding any additional rules or regulations regarding healthcare privacy and record correction when correcting medical records.
REQUEST YOUR MEDICAL RECORDS
You will need to complete a ‘Patient Access Request’ form the office you are requesting forms from will let you know if this can be submitted electronically or if it needs to be done in person. HIPAA allows 30 days to complete a record request and a 30-day extension as long as there is an explanation for the cause of the delay. The cost to receive a copy of your records will vary; you may be able to access your records at the facility to avoid paying additional costs.
When correcting medical records you may be denied access to your records if the facility you are requesting it from feels they will be violating the privacy of the thief using the information. Contact the person the provider lists in its Notice of Privacy Practices for disputes regarding your medical record and explain why you are requesting your record. If the provider refuses to provide your records within 30 days of your written request, you may complain to the U.S. Department of Health and Human Services’ Office for Civil Rights.
IDENTIFY MISINFORMATION
Ask the provider how you can identify misinformation in your medical records for correction Ð can you make annotations to the record itself or make a copy of the record and make notations on that? Do you need to write it separately in a letter? Be specific as to the location of the misinformation (what section, page number, etc) and make sure you retain a copy of those notes for yourself.
CORRECTING MEDICAL RECORDS
You can request your medical file be corrected if the information found in your record is indeed incorrect. Make sure your request is in writing and that you keep the original copy of all documents sent and send copies of the information via certified mail with return receipt. If the entity you are dealing with disagrees that the information is incorrect they are required to note your disagreement in the file.
Make sure all parties that may have received incorrect/false information about your medical record are notified about the correction. This list includes doctors, clinics, hospitals, pharmacies, laboratories, health insurance companies and employers that may have requested medical information with written approval by the employee. Ask each of your health plans and medical providers for a copy of the Òaccounting of disclosuresÓ for your medical records. The accounting is a record of who got copies of your records from the provider.
If you have any questions or require additional assistance, do not hesitate to call one of ITRC’s expert advisors toll-free at 888.400.5530 or LiveChat with us.
