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FAQ 2065 Is a health care provider permitted to deny an individual’s request for access because the individual has not paid for health care services provided to the individual?

This is a HIPAA FAQ about the right to access you medical records.

Final

Issued by: Office for Civil Rights (OCR)

Is a health care provider permitted to deny an individual’s request for access because the individual has not paid for health care services provided to the individual?

No. A covered entity may charge an individual that has requested a copy of her PHI a reasonable, cost-based fee for the copy. See 45 CFR 164.524(c)(4). However, a covered entity may not withhold or deny an individual access to her PHI on the grounds that the individual has not paid the bill for health care services the covered entity provided to the individual.

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DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.