Q: Is it against the law for a methadone clinic to deny me my medical records
I tried to obtain a copy of my medical records and was under the impression that if I requested my records they had to provide me with a copy of them but was denied and told I can only view my consent forms
A:
Under California law, patients have the right to access their medical records. The Health Insurance Portability and Accountability Act (HIPAA) and California's Confidentiality of Medical Information Act (CMIA) both support your right to obtain a copy of your medical records from healthcare providers, including methadone clinics.
If a clinic denies your request, they must provide a valid legal reason. There are only a few exceptions where access may be legally denied, such as if accessing the records would endanger your or someone else's life or physical safety. If you are only being allowed to view your consent forms and not other medical records, this could be a violation of your rights under these laws.
It's recommended to submit a written request to the clinic specifying the records you want to access. If your request is denied, the clinic should provide a written explanation. If you believe your rights have been violated, you can file a complaint with the California Department of Public Health or the U.S. Department of Health and Human Services’ Office for Civil Rights.
Seeking advice from a legal professional experienced in health law can provide further guidance on how to assert your rights and obtain your records. Remember, access to your medical records is a right under both federal and state law.
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