Getting the record straight

Information is King.

You know you want it. Maybe more than you’ve ever wanted anything before.

So go for it. March right in there and demand……your medical records.

Turns out that our old friend, HIPAA, requires doctors and medical facilities to give you your medical records.

Your initial history and physical examination, consultation reports from specialists, operation reports, current medication list, discharge summary, even test results from MRIs and CAT scans – all are yours for the asking.

You simply have to fill out and sign an authorization and request form and submit it to the right office person – usually the information management office of the facility or group practice, or the front office personnel of the doctor’s office. Most offices will accept a mailed or in-person submission, and some will even accept a faxed or electronic transmission. If the office does not have a prepared form, then write out your request and state that it is being made pursuant to the Privacy Rule of the Federal Health Insurance Portability and Accountability Act of 1996.

After receipt of the request, the provider has 30 days to fulfill your request. That’s federal law.

Who can request the records? You (as the patient) and your designated agent. People who do not automatically have access to your medical records: step-parents, grandparents, your spouse and your adult children and grandchildren.

There are a few exceptions to what a health provider is obligated to release. It does not have to release psychotherapy notes or any information that it reasonably believes will pose a danger to you or another person.

Be forewarned: just because you can get a record does not necessarily mean that you should. If you just endured a two- month hospital stay, then your medical record could run well over a thousand pages. Few people need that much information. So you should be specific in your request.

Not all of the records are available for free. A facility is entitled to charge a reasonable fee for copying and mailing your records (but cannot charge “per page” if your records are stored electronically). Ask about the cost before you make the request. Most hospitals have a standard packet that includes medications and discharge instructions that is provided for free.

You should be able to get your records in any format that you request. Provided the facility can physically fulfill your request, you can have the records mailed, emailed or faxed.

Aside from just wanting to personally preserve your information, there is another very good reason for you to request medical records: to correct errors. You don’t want an incorrect listing of an allergy or a medication to haunt you for the rest your life. You have the right to request an amendment to a medical record if you find an inaccuracy. Even if the medical provider does not make the change, your request becomes part of the medical record. Work with an experienced Guardianship Attorney such as the Guardianship Attorney Lewisville TX  locals trust to go over your rights and options. For more information, visit the government website at

You asked for it. You got it.
Screen Shot 2018-02-12 at 5.36.45 PMThanks to authors at Hammerle Finley for their insight into Guardianship & the Law.