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0 pointsanactualmd12y ago0 comments

"The bottom line is: if your doctor isn't giving you an electronic copy of your record — and in 2014, in the format of your choice — they're breaking the law." This is demonstrably false. Meaningful use is not at this time a mandate. It is an incentive program. The incentive will likely turn from a carrot to a stick in the future, but as of 2014 there is no mandate on US physicians to comply with meaningful use stage anything. http://www.cms.gov/Regulations-and-Guidance/Legislation/EHRI...

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thetylerhayes12y ago· 2 in thread

You're right, I mistyped that. Meaningful Use is an incentive. The right to getting an electronic copy of your record is part of HIPAA.

So the overall point of what I wrote is still true — you have a legal right to your health record in the electronic format of your choosing:

> (ii) Notwithstanding paragraph (c)(2)(i) of this section, if the protected health information that is the subject of a request for access is maintained in one or more designated record sets electronically and if the individual requests an electronic copy of such information, the covered entity must provide the individual with access to the protected health information in the electronic form and format requested by the individual, if it is readily producible in such form and format; or, if not, in a readable electronic form and format as agreed to by the covered entity and the individual.

That's from HIPAA § 164.524 Access of individuals to protected health information. (c)(2)(ii). Direct link: http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/...

And that was also the point of OP's comment. OP was saying small practices might not always be able to provide a health record to their patients. Your health record is your legal right and so is an electronic copy (provided the data is stored electronically) as of the latest revision to HIPAA which has been in effect since September 2013.

555562412y ago

But if the records are not maintained electronically, then there is no requirement to provide them electronically. The paragraph before the one you quoted, ends with:

>if not, in a readable hard copy form or such other form and format as agreed to by the covered entity and the individual.

If the records are only hard copy, then there is no requirement to convert them into an electronic format just to provide them to an individual. I know this is the case with my primary care physician and I think it may be the case with other smaller practices. Many of these may be small practices run by older doctors, so they may simply retire. If you've been practicing since say 1970 or so and haven't converted everything to electronic format by now, why bother?

thetylerhayes12y ago

> If the records are only hard copy, then there is no requirement to convert them into an electronic format just to provide them to an individual.

Correct. Yet over 50% of providers have an EHR. And that number is growing every month.

> If you've been practicing since say 1970 or so and haven't converted everything to electronic format by now, why bother?

Because Meaningful Use incentivizes you to do so. The government gives you money.

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