Have you successfully or unsuccessfuly requested your hospital or agency recordsand If so, did you cite HIPAA?
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Have you successfully or unsuccessfuly requested your hospital or agency recordsand If so, did you cite HIPAA?
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This question is toward adoptees and first moms based on privacy rights under HIPAA, which you can read about here:
http://www.privacyrights.org/fs/fs8b-MedFAQ.htm#1
I was successful once I cited my rights under HIPAA to get copies of my agency files; including social worker notes about me. I am aware of some moms and adoptees in my search groups successfully getting their records this way after being denied in the past.
Just wondering how much luck some of you have had getting this information that should be rightfully ours?
Additional Details
I will add that an adoptee friend of mine had been denied her hospital records for years. She knew her birth name (you need that for sure) and the university hospital kept insisting the records were destroyed. She then threatened and actually did file a complaint as instructed below, and suddenly this major university hospital's legal dept contacted her to say that had miraculously found her records! She received them this week! These were of course HER infant birth records and everything mentioning her mother was redacted.
http://www.hhs.gov/ocr/privacy/hipaa/complaints/
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H******
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I went to the agency with my mother last summer and they gave her the relinquishment document only. Oh, and my baby footprints and discharge from the hospital.
Perhaps she's entitled to more than that. She'd certainly love to see the notes made by the hospital social workers! Thanks so much for this info, I'll pass it on to her so she can finally get what is hers
As for me, I've been denied any information for the past 20 years. The hospital tells me that all medical records have been destroyed after 25 years and I'm just now getting ready for my second petition to the Courts to obtain my original birth records
It's horrid being treated like a second class citizen and denied what others are free to access. Most people have no idea the discrimination we face
They call it 'bitter' or 'whining' or even 'ungrateful' !! whatev. I just call it a demand for equal treatment :) |
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Dread Head momma
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i can't believe some of you have been denied access to your own records. That must feel very insulting and belittling. Thank you for posting this link so others in your situation can be guided in the right direction... and keep fighting for your rights! |
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Cambria
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Thanks for the tip! I asked if there were other things in my file and the response was "You have been given everything that you are legally allowed to have." I'll try this and see if I fare better that way. |
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gypsywinter
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I did get copies of my medical records citing HIPAA, but it wasn't easy. The hospital medical records director did have to do a hunt for them...as my medical records were stored on microfiche at a 3rd party record storage facility.
And this is an important part of the HIPAA policy.....
""2. Do I have a right to my medical records?
Yes. The HIPAA medical privacy law gives you the right to see and get copies of your own medical records. ""
Key word is "own". They also located my newborn's hospital records as well, but because she is now an adult I was not privvy nor had any legal right to that information under HIPAA. Or she to mine. I informed my adult child that her medical records were there for her, should she want them. Much like her OBC...she professed no interest in.
HIPAA can work...try it! |
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