Ginavalentine,
Medical Records are the property of the physician; however, patients
have a right to a copy of their records under Virginia Law.
“Health care providers must keep medical records confidential and only
authorized personnel can have access to them. This includes the
patient; any person with the written consent of the patient; the
patient's legal representative; a minor patient's parent, guardian, or
legal representative; or other person authorized to consent to
treatment of minors pursuant to law.
Requests for copies of medical records should be in writing, dated,
and signed by the requester. The request should identify the nature of
the information requested and include evidence of the authority of the
requester to receive such copies and identification of the person to
whom the information is to be disclosed.
Within 15 days of receipt of a request for copies of medical records,
the physician must do one of the following: a) provide the copies to
any requester authorized to receive them; b) inform the requester if
the information does not exist or cannot be found; c) if the health
care provider does not maintain a record of the information and, if
known, the name and address of the provider who does maintain the
records.
(..)
Under Virginia Law, a "reasonable" charge may be made for the service
of maintaining, retrieving, reviewing and preparing copies of records.
Except in the case of X-ray photographs, such charges shall not exceed
50 cents per page for up to 50 pages and 25 cents a page thereafter
for copies from paper and one dollar per page from microfilm or other
micrographic process, plus all postage and shipping costs and a search
and handling fee not to exceed $10.”
Source: Fairfax County Medical Society
http://msnva.org/public/records.html
Authorization for Release of Medical Records Virginia 2002
Requests for medical records must:
- be in writing, dated and signed by the requester;
- identify the nature of the information requested;
- include evidence of the requester’s authority to receive copies; and
- identify the person to whom the information is to be disclosed.
Source: DIR Review
http://www.reciprocalgroup.com/Periodicals&News/DIR%20RM%20Review/Virginia/DIR%20RM%20Review%20-%20Virginia%20-%20Authorization%20for%20the%20Release%20of%20Medical%20Records%20-%202002.pdf
Your inquiry regarding the right to edit medical records is addressed
here:
According to the Review of the Confidentiality of Patient Medical
Records Study (2001) by the Joint Commission on Health Care:
“There are some types of provisions that, while not found in
Virginia's patient health records privacy statute (§32.1-127.1:03),
are contained within recommendations developed by several national
organizations.
These types of provisions include:
(1) a patient's right to not only request copies of their medical
records but also to request an opportunity to inspect and examine the
original records;
(2) a patient's right to request that information in the medical
record be corrected, amended, or supplemented;
(..)
The following organizations have recommended that the types of
statutory provisions described above be adopted:
(1) The Health Privacy Working Group (Joint Commission on
Accreditation of Health Care Organizations, National Committee for
Quality Assurance, Partners Healthcare System, Intermountain
Healthcare, IBM Corporation, National Association of People with AIDS,
Consortium for People with Disabilities, and others) have issued "Best
Principles for Health Privacy";
(2) The National Conference of Commissioners on Uniform State Laws has
adopted a Uniform Health Care Information Act and recently proposed
several amendments to that model act;
(3) The United States Department of Health and Human Services has
promulgated proposed regulations (which could potentially pre-empt
state law) governing privacy of and access to personal health
information.
Source: Virginia General Assembly Legislative Information System
http://leg2.state.va.us/dls/_2d0j76p3fcdpg_.nsf/d035e5a60132441d85256b0a0063ec73/66ee2710e0ef57df85256b6d00524b5b?OpenDocument
Additional information that may interest you:
The Code of Virginia
Patient Health Records Privacy Statute § 32.1-127.1:03
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+32.1-127.1C03
Virginia Board of Medicine Guidance Document Concerning Medical
Records
http://www.dhp.state.va.us/medicine/guidelines/85-5.doc
Your Rights Under Virginia's Patient Protection Act.
http://msnva.org/public/rights.html
Search Criteria:
patient’s rights to see medical records in Virginia
State legislation patient’s rights medical records Virginia
Virginia patient access to medical records +amend
I hope this response has provided you with the information you are
seeking.
Best Regards,
Bobbie7-ga |
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