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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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If I request my medical records before discharge is the

Customer Question

If I request my medical records before discharge is the hospital required to provide them?
Submitted: 8 months ago.
Category: Legal
Expert:  Dwayne B. replied 8 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 8 months ago.

They are required to provide you a copy at some point although they can have a reasonable amount of time to copy them and they are allowed to charge you a reasonable fee for them. It's not unusual for a medical provider to charge $1 a page for copies.

HIPAA does not in any way prevent you from getting a copy of your own records.

Expert:  Dwayne B. replied 8 months ago.

If anyone tells you HIPAA prevents you from getting a copy of your own records ask them to put it in writing and then file a complaint with the state licensing agency because they don't know what they are talking about.

Expert:  Dwayne B. replied 8 months ago.

Also, they are allowed to ask you for a signature on a release form to allow them to provide the records. It's not really required, since they're your records, but they can take the position that a release is required.

The only exception to the requirement that they allow you to get a copy of your records is if they are a provider's records as to your psychotherapy, which is different than medical records.

Expert:  Dwayne B. replied 8 months ago.

I can find you a page on the Dept of Health and Human Services website that addresses the HIPAA records and your right to get a copy.

Expert:  Dwayne B. replied 8 months ago.

http://www.hhs.gov/hipaa/for-individuals/medical-records/

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