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The physical medical records are the property of the medical provider (or facility) that prepares them. This includes films and tracings from diagnostic imaging procedures such as X-ray, CT, PET, MRI, ultrasound, etc. The patient, however, according to HIPAA, has a right to view the originals, and to obtain copies under law. [26]
(a) The patient has the right to personal privacy. (b) The patient has the right to receive care in a safe setting. (c) The patient has the right to be free from all forms of abuse or harassment. (5) Confidentiality of Patient Records. (a) The patient has the right to the confidentiality of his or her clinical records.
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]
This is called “rights of access” and requires HIPAA-covered entities to provide individuals with their medical records, billing records, enrollment, payment, claims adjudication, and other ...
Texas has sued the federal government to try and get around federal health privacy protections so officials can get information on women who've had out-of-state abortions.. The state filed a ...
At the annual conference of the Freedom of Information Foundation of Texas, two Republican lawmakers described how government officials fail to meet transparency requirements.
According to the U.S. Department of Health and Human Services Office for Civil Rights, between April 2003 and January 2013, it received 91,000 complaints of HIPAA violations, in which 22,000 led to enforcement actions of varying kinds (from settlements to fines) and 521 led to referrals to the U.S. Department of Justice as criminal actions. [81]
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]