Can health care institutions withhold some medical records?
Yes. First, the right of access under HIPAA does not extend to psychotherapy notes, some laboratory records (CLIA labs), and materials compiled for litigation. These records are less likely to be relevant to your case anyway. Second, a covered entity can deny you access to some records, including records maintained by a prison, some records of research participants, and records obtained from someone other than a health care provider under a promise of confidentiality. The HIPAA privacy rule does not require a health care institution to allow you to appeal the denial of these records, but some institutions might accept an appeal if you file one. Read the notice of privacy practices to learn if there is an appeal option. Third, a covered entity can deny you access to some records, but there is a right of appeal if you are denied. If a licensed health professional determined that access is reasonably likely to endanger the life or physical safety of you or another individual, records can
