Does a release of records have to be signed to get your own medical records?

Thanks for this great question:

In many cases, due to HIPAA law, there is a need to obtain authorization for providing a release of medical records. HIPAA is the set of regulations that govern the Health Information and Privacy Accountability Act.

Even if the records are given directly to the patient, you may have to pay and / or sign a release allowing the medical office to photocopy the documents prior to giving them to you.

Personally, you should be wary if a office gives you medical records without you acknowledging receipt of them. An office that takes the added precaution of having you sign for the records is protecting themselves and the you consumer.

A Small Correction:HIPAA does not require that a Covered Entity (CE -- the healthcare provider) get notification in writing for release of Protected Health Information (PHI) to the patient, although HIPAA does allow the CE that option. An Authorization is intended for the "unusual" release of PHI at the patient's discretion, that is covered neither under transfer of PHI for allowed reasons (CE, Payment, Clearing House), or release of PHI to the patient. An example would be patients authorizing employers to see their Designated Record Set (DRS).

HIPAA does not require the CE to obtain a "release" to copy PHI. In fact, the term "release" is not defined under HIPAA.

The use of Authorizations for release of PHI to the patient, while common now, is not a requirement under HIPAA. The protection afforded by this practice is unclear at best.