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[70] Furthermore, HIPAA grants patients the right to access their own health information, request amendments to their records, and obtain an accounting of disclosures. [71] This empowers patients to be more involved in their healthcare decisions and ensures transparency in the handling of their information.
In 2019, the US Department of Health and Human Services Office for Civil Rights (OCA) promised to enforce patients’ right to access under HIPAA, using the Right of Access Initiative. There have currently already been two settlements with the OCA under the Right of Access Initiative, after companies failed to give patient medical records. [23]
HIPAA provides a federal minimum standard for medical privacy, sets standards for uses and disclosures of protected health information (PHI), and provides civil and criminal penalties for violations. Prior to HIPAA, only certain groups of people were protected under medical laws such as individuals with HIV or those who received Medicare aid. [41]
There is no federal law regarding ownership of medical records. HIPAA gives patients the right to access and amend their own records, but it has no language regarding ownership of the records. [27] Twenty-eight states and Washington, D.C., have no laws that define ownership of medical records. Twenty-one states have laws stating that the ...
One difficulty with HIPAA is that there must be a mechanism to authenticate the patient who demands access to his/her data. As a result, medical facilities have begun to ask for Social Security Numbers from patients, thus arguably decreasing privacy by simplifying the act of correlating health records with other records. [28]
English: An Act to establish a right of access to health records by the individuals to whom they relate and other persons; to provide for the correction of inaccurate health records and for the avoidance of certain contractual obligations; and for connected purposes.
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