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New Federal Rules Regarding Patient Access To Medical Records

Mark Sunshine

Learn Your Rights

Healthcare providers have a legal obligation to provide access to medical records both while a patient is alive and after death.  

Almost every week, I speak to a family whose loved one died, was denied access to medical records, and has no idea why their loved one passed. This is both an ethical wrong and a violation of Federal law and regulation.  

What You Need To Know

Healthcare providers must provide you, or your designated representative, with access to notes from recent doctor visits, lab results, test results, medication lists, vital signs, assessments and treatment plans, clinical notes, patient goals, and health concerns. 

  • Patients have a legal right to access their medical records on-demand and in electronic form without cost.  

As of April 5, 2021, the Federal rules regarding disclosure of medical records changed, and now healthcare providers are prohibited by Federal law from blocking access to patient medical records.  The operative legislation in the 21st Century Cures Act was enacted in 2016 (45 CFR Part 171 – Information Blocking).  

If you make a stink with hospital staff that is not answering your questions nor providing access to medical records, you, and your family, will quickly be labeled “difficult,” and healthcare will suffer.  

But, you are not difficult if you want and expect answers to your questions.  It is your right as a patient or loved one of a patient.  

Let Us Help You

If a healthcare provider refuses to provide you with access to medical records or refuses to answer reasonable questions, please call my office at 561-717-2876. 

I am a lawyer and can help you.  Our firm will not charge for this service.  

Rather than you being labeled “difficult,” call us and let us be the “bad guy.”   

We will help you get access to your medical records so that you, and your family, can make informed healthcare decisions.  It doesn’t matter to our firm if we have a business relationship.  We will help you because it is the right thing to do. 

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