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VA Healthcare Network Upstate New York - VISN 2
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Retention of Patient Records
The VA Records Center & Vault (VA RC&V) in Neosho, MO is where
your medical records are retired. Your records are transferred to the
retirement center after they have been inactive for three years. The
retirement center keeps your records for 75 years unless they are
recalled by the Medical Center.
There are four statutes, which govern the release of information for
patient medical records.
Privacy Act (PA) OF 1974
(5 U.S.C. § 552a)
- Patients may request in writing to have access to, correct,
amend, or obtain a copy of their own medical record.
- Patients are not required to state a reason for wanting to see
a copy of their records.
- Patients may request an amendment to their record. The
request must be in writing and describe exactly what they feel
is inaccurate.
- Under the PA, records of a deceased patient (excluding drug,
alcohol, sickle cell anemia, or HIV) do not require a written
consent for release of information. Record’s including drug,
alcohol, sickle cell anemia, or HIV can only be released by a
court order.
VA Claims Confidentiality Statute
(38 U.S.C. 3301; 38 CFR 1.500-1.527)
This statute provides for the confidentiality of all patient names and
addresses. Release of this information is only permissible under 38
CFR 1.500-1.527
7332 Information
(38 U.S.C. 4132; 42 CFR 2.1-2.67)
This statute provides for the confidentiality of patient medical records
that contain drug abuse, alcohol, sickle cell anemia, or HIV information.
Information is only released under the consent of the patient.
Amendments
On occasion there may be something entered into your medical record
that you find to be disagreeable. If this occurs, there is a process that
can help you change or amend your record.
- Your request must be writing.
- You must adequately describe the specific information that you
believe to be inaccurate, incomplete, irrelevant, or untimely.
- Your doctor will be contacted to review the change. If your
doctor agrees to the change, that information will be changed
and a copy will be mailed to you.
- If the doctor denies the change, you have a right to appeal
your request. You will be required to explain in a letter why
you are appealing the decision. It is beneficial if you include a
copy of the denial letter sent to you.
- You should send your appeal letter to:
General Counsel (024)
Department of Veterans Affairs
810 Vermont Avenue
Washington, DC 20420
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| Reviewed/Updated Date: October 24, 2006 |
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