The Health Insurance Portability and Accountability Act (HIPAA) gives patients the right to access their medical records at almost any time and for any reason, which is necessary when you're pursing a personal injury claim against a medical practitioner or facility. However, there are times when you may be denied access to the file, or parts of the medical records may be omitted. Here are three reasons that may happen.

You're Not Authorized

The most common reason why you'd be denied access to medical records is because you are not authorized to obtain them. This typically happens in cases when you're trying to get the medical records of your child, spouse, or other family members. For instance, you can only get a copy of your parent's reports if you are appointed their guardian or they give you written permission to obtain them.

On the other hand, you could be denied access to your children's records—or at least certain parts of them—if your child agreed to certain types of medical care and you live in a state where parental approval is not needed for it. Twenty-seven states allow minors to receive prenatal care without notifying their parents, for example. In a case like this, you may not be allowed to get the child's records for this care without his or her permission.

Medical professionals are typically keenly aware of this aspect of the HIPAA law, so they will usually tell you right away why you're not able to get the medical records. If the person is still alive, you would either need them to access the records themselves or give you written permission to do so. If the person is deceased, you may need to get a court order to access the records if you're not the trustee of the estate or you were not involved in the individual's care prior to his or her death.

The Information May Endanger You or Someone Else

Another reason healthcare providers are allowed to deny access to medical records is if they believe providing the information to the patient will endanger them (or other people) in some way. This is primarily a concern with people who have mental health issues that may be negatively impacted by what the person reads in their medical file.

For instance, a doctor may be hesitant to allow access to medical records to someone who has been diagnosed with hypochondria for fear the individual may seek out dangerous and unnecessary treatments based on a misunderstanding of the medical terminology in the file. Some mental health professionals will also limit access to their notes if they feel a patient is at risk of self-harm (e.g., suicidal).

The healthcare provider will send you a letter detailing why the request is denied. In most cases, you'll be allowed to appeal and be given access to your records as long as you can show the medical or mental health professional's concerns are unfounded. Alternatively, sometimes the healthcare provider will release the records to an authorized third party if they're comfortable that that person will prevent you from endangering yourself.

The Provider or Agency Is Not Covered by HIPAA Laws

A third reason you may be denied access to the records is because the agency who has them is not subject to HIPAA laws and can legally refuse to give your file to you. Only healthcare providers, organizations that administer health plans, healthcare clearinghouses, and these entities' business associates are covered under HIPAA.

For example, a doctor who owns a private practice or works in a public hospital would be required to obey HIPAA laws. Surprisingly, though, healthcare providers who work for postsecondary institutions are not always considered covered entities. So, if you receive care at a local medical school, they could deny you access to their records.

This can be challenging to overcome, but you may still be able to compel the entity to turn over the records with a court order. It's best to consult with a personal injury attorney who can help you get the evidence you need to support your case. For more information, contact a lawyer.