Help Connect Patients With Their Records
By Ellen Terry

ONC_Guide

Almost half of Americans in 2017 who were offered access to their online medical record did not access it, and the national Office of the National Coordinator for Health Information Technology (ONC) wants to change that.

ONC has released a Guide to Getting and Using Your Health Records that explains how patients and caregivers can access or request medical records; correct them if needed; share their records with others who need them; stay on track with tests and check-ups; and enhance the information through health apps.

Patients’ ability to access and use their health information electronically is “a cornerstone of ONC’s efforts to increase patient engagement, improve health outcomes, and advance person-centered health,” the U.S. Department of Health and Human Services, ONC’s parent agency, said in a press release

About half of Americans reported that a physician or other health care professional, or insurer had offered them online access to their medical record in 2017, according to an April 2018 ONC Data Brief. Among those who did not access their online record, three-fourths said it was because they prefer to speak with physicians and health care providers directly. More than half said they saw no need to access their record.

Patients encouraged by their physician or health professional to use their online medical record were nearly twice as likely to access it compared with those not encouraged, the ONC report said. 

Physicians can encourage patients to access their records by explaining that: 

  • Online medical records are an additional means of communicating with physicians and health care providers, not a replacement for talking to them.
  • Rather than waiting until they have a critical need to access their records, patients can prepare for an emergency by creating a password, logging in, and perusing their records (and correcting errors if needed) ahead of time. 

The new ONC guide explains patients’ right to a copy of their complete medical record and how to request all or part of it in paper or other formats. When responding to patients’ requests for records, remember that:  

  • You must comply with Texas Medical Board (TMB) rules regarding fees for copying (see the TMA white paper, “Fees for Copies of Medical Records” [TMA log-in required]).
  • Both TMB and HIPAA prohibit withholding or denying patients access to their medical records because of a past-due bill for medical care; and
  • While TMB regulations generally permit you to retain records until the patient has paid the copy fee (there are exceptions), you “must send the requesting party written correspondence of the need for payment within 10 calendar days of receiving the request” and make that letter part of the patient’s billing record, says TMA’s white paper, “Medical Records Release” (TMA log-in required). HIPAA implicitly allows withholding of records for failure to pay the copy fee, the white paper says. Failure to send the letter impairs your ability to withhold the records. However, if the records are requested by a physician licensed in the U.S. or Canada for the purposes of providing emergency or acute medical care to the patient, you cannot withhold the records. 

Learn about ways to give patients access to their health information online in another TMA white paper, “Electronic Patient Engagement Tools: A Guide for Physicians,” or download Coordination of Care Through Patient Engagement from the TMA Education Center. This continuing medical education course is free to TMA members, thanks to a grant from TMA Insurance Trust. For more information about medical records, visit the TMA Medical Records webpage.


Last Updated On

May 17, 2018

Originally Published On

May 10, 2018

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