CAN A PATIENT OBTAIN THEIR OWN MEDICAL RECORDS WHEN the patient refuses PIPPA permission to give these records to anyone else ?

Asked about 1 year ago - Beloit, WI

I have been told that " if I refuse to sign the HIPPA agreement " - - HPPA must allow me & ONLY me to see my own personal medical records

Attorney answers (2)

  1. Rixon Charles Rafter III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . "The law requires your doctor, hospital, or other health care provider you see in person to ask you to state in writing that you received the notice. Often, that means the doctor will ask you to sign a form stating that you received the notice that day.
    •The law does not require you to sign the “acknowledgement of receipt of the notice.”
    •Signing does not mean that you have agreed to any special uses or disclosures of your health records.
    •Refusing to sign the acknowledgement does not prevent the entity from using or disclosing health information as the Rule permits it to do.
    •If you refuse to sign the acknowledgement, the provider must keep a record that they failed to obtain your acknowledgement."
    See http://www.hhs.gov/ocr/privacy/hipaa/understand...

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  2. Martha Ann Knutson

    Contributor Level 11

    Answered . Yes - your right to see your own records and your right to refuse to let others see them are separate. There is no "HIPAA agreement" that you need to sign, however as the other counsel has noted you may be asked to sign an acknowledgement that you received a "notice of privacy practices" - your HIPAA rights exist whether or not you sign such a document.

    For more information, see the information from the federal Office for Civil Rights linked below.

    This response is intended to provide general information, but not legal advice. The response may be different if... more

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