Medicine as complicated enough before the government implemented the Health Insurance Portability and Accountability Act (HIPAA).  These rules are for your protection but do cause many frustrations.  Keep in mind that these rules are for you, not against you.  If you are ever in a situation where you are denied access to your records or feel that HIPAA is working against you, the rules are not being followed properly. 

We are asked questions about old medical records almost daily because some clinics have not followed these guidelines faithfully.  We thought it would be in your best interest to have access to these rules so you can properly get access to your information and have it properly protected.

Some highlights of your rights are listed below.  You have the right in Tennessee to:

1. 1.See and get a copy of your medical record.  You should be given a copy no more than 10 days after receiving your written request.  (Hospitals usually no later than 30 days)
   

2. 2.Have information added to your medical records to make them more accurate or complete.
   

3. 3.You might have the right under state law to sue a doctor or other health care practitioner for violations.
   

Your medical record includes such things as:

1. •Information that identifies you, such as your name and Social Security number.
   

2. •Information that you tell your doctor or health care provider, such as your medical history, how you feel at the time of your visit, your family health history.
   

3. •The results of your examination
   

4. •Test results
   

5. •Treatment received in a hospital
   

6. •X-rays, records made by heart monitors, and similar items
   

7. •Medicine prescribed
   

8. •Notes your doctor makes about you
   

9. •Other information about things that can affect your health or health care.
   

What happens if my medical record has information in it that came from a different health care provider?

Generally, if your provider has the medical information that you request, they must give it to you.  You have the right to get the information no matter who originally put it in the record.  Your right to amend this information may be limited, though.  For more information about amending information in your record please read section 3 in the guide provided below.

Clinics are allowed to charge you no more than $20 for copying records 40 pages or less in length and 25 cents per page for each page copied after the first 40 pages.  Health care professionals may also charge you the actual cost of mailing your copy to you.

If your previous clinic sends the copy to our clinic it will be scanned into your digital record and the actual copy will be given to you when completed.  You paid for it, it’s yours.  If you paid money for the chart there should be a paper copy available.  If you paid for a copy and there is not a physical copy given to you or the clinic please let the previous clinic, the copy service, and the Department of Health and Human Services know.

Region IV - AL, FL, GA, KY, MS, NC, SC, TN

Office for Civil Rights

U.S. Department of Health & Human Services

61 Forsyth Street, SW. - Suite 3B70

Atlanta, GA 30323

(404) 562-7886; (404) 331-2867 (TDD)

(404) 562-7881 FAX

Here are some helpful resources below: