PATIENTS' RIGHT TO ACCESS MEDICAL RECORDS
by
Scott L Anderson on Jul. 24, 2014
Accident & Injury Health Care Health Care Medicare & Medicaid
Summary: Know your rights to access your personal medical records. This article tells you what are the rules are.
PATIENTS’
RIGHT TO ACCESS MEDICAL RECORDS:
Many
individuals are complaining that their health care providers refuse to provide
them with their medical records. The most important thing you can do is know
your rights and make all requests in writing certified mail return receipt
requested.
Montana Law
provides that upon receipt of a written request from a patient to examine or
copy all or part of the patient’s recorded health care information, a health
care provider, as promptly as required under the circumstances but no later
than 10 days after receiving the request shall:
a. Make
the information available without charge during business hours.
b. Inform
the patient the information does not exist or cannot be found.
c. Inform
the patient that the records are maintained by a third party and where they may
be obtained.
d. If
there is an unusual delay, provide a clear written explanation of the reason
for delay, under which circumstances the health care provider would have 21
days.
Unfortunately,
most health care providers will charge for records. Montana Law allows a
reasonable fee defined as $15 to search for the file and $0.50 per page copied.
So you will likely have to pay for the records.
Concerning
situations where a heath care provider refuses to provide the records
they must justify the refusal with a clear written explanation. These
circumstances include serious harm to the patient if the records are disclosed, or the records contain substantial information of confidential information
concerning others.