10 Myths About HIPAA, Patients and Medical Records Privacy

There are remedies for patients who are denied copies of their medical records, but a lawsuit is not one of them.

The U.S. Department of Health and Human Services (HHS) provides a procedure patients may follow if they believe their rights have been violated under HIPAA laws. It includes filling out a form which may be postal mailed or emailed. They encourage patients to complain to whomever denies them access first.

If the violation is heinous enough, the HHS, or even the Department of Justice, may invoke a penalty to the violating entity, ranging from a $25,000 fine to 10 years in jail and a $250,000 fine.

• Myth #1: HIPAA prevents sharing of information to family members.
• Myth #2: Only patients or caregivers may get copies of health records.
• Myth #3: Employers are payers, and can gain access to an employee's records.
• Myth #4: HIPAA laws prevent doctors from exchanging email with their patients.
• Myth #5: Providers are required by law to provide all medical records to you.
• Myth #6: Patients denied access to their records may sue to get copies.
• Myth #7: HIPAA laws cover privacy and security for all medical records.
• Myth #8: Providers are required to correct any errors found in patient records.
• Myth #9: Your health and medical records cannot affect your credit records.
• Myth #10: Medical information cannot be legally sold or used for marketing.