HIPAA outlines several steps you must take to obtain a loved one’s medical records, which include the following:
Make Your Initial Request
You might be required to request a loved one’s PHI in multiple ways, depending on the institution you’re requesting the information from. Nursing homes may have a designated form where an individual can request a resident’s PHI. Nursing homes can require you to use this form if it doesn’t unreasonably delay you from accessing health information. In other cases, the nursing home might need you to request access in writing, via email, or an online portal.
Wait for Identity Verification
Before the nursing home grants your request, they must verify your identity to determine whether you are the resident’s personal representative or another family member. The nursing home could use several methods to verify your identity if they don’t prolong the process unnecessarily.
The nursing home’s verification methods ultimately depend on how you made your initial request. For example, if you made your request through an online portal, the nursing home might have required you to provide them with general information to confirm your identity.
The Nursing Home Grants You Access
After the nursing home verifies your identity, they have 30 days to give you access to your loved one’s PHI. Although the nursing home has 30 days, they should provide you access as soon as possible. If the nursing home fails to meet this deadline, they can extend it by 30 days.
They can only do this once and must meet the extended deadline, or they could be penalized. Remember that the time it takes to receive access also depends on your requested format. For example, receiving a hard copy by mail may take longer than receiving an instantaneous electronic medical record.