Patients have a general right to examine and make a copy of their record. There are several exceptions that will be discussed below. In general, you must comply with this request within 30 days, if the records are on-sight and within 60 days if they are off-sight. The records must be legible and, if requested by the patient, in electronic format, if the records are maintained in the electronic form. Records include billing and relevant clinical records as well as other relevant records. The request to examine and copy records should be in writing. If you deny access, you must do so in writing and state a reason. You may charge a reasonable fee for copying the records. The reasons for denial of this right, under HIPAA regulations, are either appealable or not.

Non-appealable reasons for denying patient access to some or all of their PHI include:

• Psychotherapy notes
• Records being compiled for civil, criminal or administrative action
• Certain laboratory tests, which under CLIA are available only to the person who ordered the test
• If the patient is an inmate
• If the PHI was obtained under a promise of confidentiality
• Certain PHI obtained during research

Appealable denials of access to PHI include:

• Either the patient or someone else may be endangered if the patient sees the record
• The person making the request is a personal representative and their seeing the record may put someone else in danger

Right to Complain

Patients are entitled to complain if they think you have not complied with HIPAA rules. Hopefully, they will complain first to your office. Complaints should be directed to the Privacy Officer (or other designated contact in your office) who should notify you immediately. You should not ignore these complaints, since the patient also has the right to notify the Secretary of Health and Human Services

The address of the Secretary of HHS is:
Secretary Tommy Thompson
US Dept of Health &Human Services
200 Independence Ave., SW
Washington, DC 20201

Complaints may be verbal or in writing. You are prohibited by Federal rule from retaliating against the patient who makes a complaint. You are also required to keep documentation of any complaint you receive as well as the disposition of the complaint.

• To practice privacy officer
• To Secretary Health and Human services
• Verbal or in writing
• No retaliation
• Do not ignore patient complains

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