Can denial of access to medical records and patient information be appealed?
Yes. If access is denied, you may appeal (without charge). The provider is required to give you this form2 explaining the appeals process. If you wish to appeal, complete the attached form2 and send it to the “Access to Patient Information Coordinator” in the New York State Department of Health at the address below. A Medical Record Access Review Committee will then review your request. The coordinator will notify the provider and the review committee of your appeal. The provider then has 10 days to send the information to the chairperson of the committee, along with a statement explaining why access was denied. The committee will review the records, provide you and the provider a chance to be heard, and issue a written determination. If the review committee decides that you should have access, the practitioner must comply. If the committee agrees that access may reasonably be denied, you still have the right to seek disclosure through a court proceeding. However, if the committee deci
