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Team One
University Heights
Newark, NJ 07102

1800-555-5555

Frequently Asked Questions.
  Below, please find frequently asked questions from our clients. These may help you with questions that you may have.
Do I have a right to my medical records?

Yes. The HIPAA medical privacy law gives you the right to see and get copies of your own medical records. There are a few exceptions. For example, HIPAA does not give you the right to access psychotherapy notes or information compiled for use in litigation. Your request may also be denied if the provider decides access to the records could result in harm to you or another person. In addition to HIPAA, many states have laws that allow patients or their designated representatives access medical records. State laws may give you more, but not less, privacy than HIPAA.

Do I have to pay for copies of my medical records?

You can be charged "reasonable" fees based on the costs of materials and staff time spent copying your records. You cannot be charged for time spent searching for your records. State laws usually allow health care facilities to charge a "reasonable" fee for copying records. You can find the answer to this and many other medical privacy questions on the Heath and Human Services web site www.hhs.gov. Just click on "questions" in the upper right corner and select the privacy rule in the drop down menu. Also, read our HIPAA guide at www.privacyrights.org/fs/fs8a-hipaa.htm

Someone has disclosed my medical history to an attorney without my written permission. What recourse, if any, is available to me under the law?

You have probably heard of HIPAA, the federal rule that protects medical information. But, HIPAA only applies to information disclosed by doctors, hospitals, pharmacies, health plans. In short, HIPAA doesn't always protect medical information. If the person who disclosed your information was not a doctor, hospital, pharmacy or a person working for your health plan, HIPAA would probably not apply. Further, federal law does not give a private individual the right to sue for violations of HIPAA. However, state laws may allow individuals to sue for violations of health privacy laws. Only an attorney who is familiar with all the circumstances can properly advise you. You may find a name through your local attorney referral service, usually listed in the telephone directory.

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