What Rights Does A Patient Have To A Medical Record?
All health-care providers must provide patients with access to their medical records upon request. Within a reasonable time after receiving a patient's request for records, the provider must permit the patient to examine the record during regular business hours without charge. Upon request, a provider must provide the patient with a copy of the medical record. Ohio law has set limits on the amount a provider can charge for copying the medical record.
Prior to releasing medical records, the provider should obtain the patient's written consent. The provider should examine the consent to determine whether the signature is authentic or whether the patient's representative has the appropriate authority to obtain the medical records.
If a provider fails to provide access to medical records, a patient has a right to sue under Ohio law to enforce his/her right of access to the record unless an exception applies. In the case of mental health records pertaining to hospitalization for mental illness, a patient has access to his/her psychiatric and medical records only if access is not specifically restricted in the patient's treatment plan.
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