I requested a copy of my medical records from Dr. Soyfer.
My original request was in December, 2015. Dr. Soyfer provided me with a fake copy of my medical record, in which he falsified medical procedures to cover up his medical negligence. Since that time, I have requested a copy of my ORIGINAL medical record through my attorney on August 3, 2016.
Dr. Soyfer failed to comply. I received a letter from the Department of Human Services on November 2, 2016 stating that they would offer Dr. Soyfer technical assistance in complying with my medical records request.
I STILL have not received a copy of my ORIGINAL UNALTERED/UNFALSIFIED medical record. I have since consulted with my attorney and the investigator from the Virginia Board of Dentistry regarding obtaining my dental records. If I still have not received my unaltered medical record by January 3, 2017, I will file another complaint with the Department of Health and Human Services. http://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.html Timeliness in Providing Access In providing access to the individual, a covered entity must provide access to the PHI requested, in whole, or in part (if certain access may be denied as explained below), no later than 30 calendar days from receiving the individual’s request.
See 45 CFR 164.524(b)(2). The 30 calendar days is an outer limit and covered entities are encouraged to respond as soon as possible. Indeed, a covered entity may have the capacity to provide individuals with almost instantaneous or very prompt electronic access to the PHI requested through personal health records, web portals, or similar electronic means. Further, individuals may reasonably expect a covered entity to be able to respond in a much faster timeframe when the covered entity is using health information technology in its day to day operations.
If a covered entity is unable to provide access within 30 calendar days -- for example, where the information is archived offsite and not readily accessible -- the covered entity may extend the time by no more than an additional 30 days.
To extend the time, the covered entity must, within the initial 30 days, inform the individual in writing of the reasons for the delay and the date by which the covered entity will provide access. Only one extension is permitted per access request.
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