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Law and Ethics in Medicine
February 27, 2013
A patient has the right to access his or her medical record under HIPAA. A fee may be charged if patient requests a copy of his or her medical records. If a patient believes his or her request to access his or her medical record is denied, then he or she may request that the denial be reviewed. Another licensed health care professional chosen by the Health Science Center will review your request and the denial. The person conducting the review will not be the person who denied the request. HIPAA will comply with the outcome of the review. You can file a complaint regarding a HIPAA violation with the Office of Civil Rights by mail, fax, or email. You have to send it to the appropriate OCR regional office based on where the alleged violation took place. Send your complaint to the attention of the OCR Regional
Manager. Your complaint must be filed within 180 days of when you knew the act or omission took place. Covered entities must notify patients when there is a breach of unsecured protected health information by in writing by first class mail or by email if the patient has agreed to receive email.
If the covered entity has out-of-date contact information for 10 or more individuals, the covered entity must provide notice by either posting the notice on the home page of its web site or by providing the notice in major print or broadcast media where the patients live. If the covered entity has out-of-date contact information for less than 10 individuals, the covered entity may provide notice by an alternative form of written, telephone, or other means. These patient notifications must be provided without delay and no later than 60 days following the discovery of a breach and must