August 1, 2022

One of the most common requests we receive is about EHR (Electronic Health Records). Some questions we get are:

1. How do patients access them?
2. Can they be charged for them?
3. How do patients correct errors in them?

We added content to our website, The Doctor Patient Forum, with all of this information. We have all the links and sources you for you.

We cover the following topics:

• Introduction and AMA booklet "Patient Records Electronic Access Playbook"
• Is my EHR the same as what I see in my patient portal? 
• Do I have the right to see my EHR?  
• HIPAA
• Right to Access
• Information Blocking under The Cures Act
• How quickly will I get my records once I request them?
• Can they charge me for copies of my EHR?
• What are the steps to get copies of my EHR?
• Will my doctor punish me for requesting my records or other protected health info (PHI)?
• What should I do if there are errors in my EHR?

Here are two of the more important sections: (please check website for further details):

What are the steps to getting copies of my EHR?

In today's climate of fragmented health care, we recommend always requesting your EHR including doctor's notes. We suggest the following steps:

Request your records including all lab reports and doctor's notes. We recommend putting it in writing, and if necessary send it in a certified letter requiring a signature receipt so you have evidence in case they state they never received your request.

• If they refuse or ignore your request, send another letter stating they are in violation of HIPAA and Information Blocking Law under the Cures Act, and request your records again.
• Remember they have 30 days from the time they receive the request unless they inform you thy need an extension. If they need an extension, they can have a 30-day extension.
• Keep in mind they may charge you but they have a limit. If you are simply asking to inspect or review your records and not requesting copies, they can't charge you.

• We recommend keeping your records organized in a binder so you can easily find what you're looking for.

What should I do if there are errors in my EHR?

1. If you think the information in your medical or billing record is incorrect, you can request a change or amendment to your record. We suggest putting it in writing via a certified letter in which you request a signature receipt.
2. The health care provider or health plan must respond to your request. If it created the information, it must amend inaccurate or incomplete information.
3. If the provider or plan does not agree with your request, you have the right to submit a statement of disagreement that the provider or plan must add to your record.

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