Private Practice Revises Access Procedure to Provide Access Despite an Outstanding Balance
Private Practice Revises Access Procedure to Provide Access Despite an Outstanding Balance
Covered Entity: Private Practice
Issue: Access
A complainant alleged that a private practice physician denied her
access to her medical records, because the complainant had an
outstanding balance for services the physician had provided. During
OCR’s investigation, the physician confirmed that the complainant was
not given access to her medical record because of the outstanding
balance. OCR provided technical assistance to the physician, explaining
that, in general, the Privacy Rule requires that a covered entity
provide an individual access to their medical record within 30 days of a
request, regardless of whether or not the individual has a balance due.
Once the physician learned that he could not withhold access until
payment was made, the physician provided the complainant a copy of her
medical record.
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