What rights does a patient have if a provider refuses to allow access to mental health records (other than psychotherapy notes)?
Under HIPAA privacy regulations, if the provider refuses to allow access to the records, the provider must provide a written denial. The written denial must contain the following information: a. the basis for the denial; b. the right to review by a licensed health care professional designated by the provider (including a description of how to exercise the right to review); c. the right to file a complaint with the provider, and the right to file a complaint with the Department of Health and Human Services Office for Civil Rights. Note: These same federal requirements for denial of access and notice apply to denial of access to x-rays and EKG, EEG and EMG tracings by HIPAA-covered providers. This is because HIPAA privacy regulations provide greater access to these records than California law does.
Related Questions
- What rights does a patient have if a provider refuses to allow access to mental health records (other than psychotherapy notes)?
- Can patient records be reviewed by health officials or their agents for the purpose of conducting VFC provider site visits?
- What are a patients rights regarding access to their medical records?
