Difficulty getting my RECORDS from a doctor

[greatjohn]

has any one ever asked for their records from a doctor(or medical group) and NOT been able to get them? I asked for all of my records...(in person) and never got anything. Now, I am working with a cancer referral group that helps with getting into protocols and experimental things....and they cannot get the records from them? They are the "group" that was instrumental in my "waiting" for a biopsy...and waiting after I radiation and my PSA was not going down...(it stayed over 2 for months)...before they would believe something "was wrong". Does it sound like they are trying to not give out information that might incriminate them? The people asking want to know my "full history" and they were 3+ years of my history. Anyone with similar "crap"...????

[John-carp]

Out a little heat. Depending on the state they have to respond timely by law.

[Hidden]

Here's the short answer if you live in The United States:

1. Ask nicely and site the law. The law is called HIPAA. Here's a summary:

HIPAA gives patients the right to get copies of all of their medical records. Patients also have the right to view -- usually at the medical provider's offices -- their original medical records. HIPAA does allow health care providers to withhold certain types of medical records, including: psychotherapy notes.

2. Hire an attorney to write a letter to them siting the law. That shouldn't cost much.

3. Try contacting whatever Federal authority is in charge of inforcing HIPAA. You could do this before step 2, but it might be a slow process.

4. If that doesn't work, go to court (this will likely be unnecessary)

[ronton2 in reply to Hidden]

Greatjohn, gregg57's advice is excellent though I am surprised that you cannot get the records by simply asking or writing to the doctor or hospital. In my case, my diagnosing doctor (2005) died three years ago and had all his records sent to a firm that saves such documents for posterity (for a price). I was mailed a form to return to get the records and did get them, though it took a month. Other records were easily obtained by written request or a telephone call. No lawful reason to hold yours. Try again!

[greatjohn in reply to ronton2]

the group I am working with is requesting again....I am convinced that they will be successful. Thanks.

[patandemma]

try pressure from multiple angles--write to chief of staff of hospital they are affiliated with,write/talk to the county med society,write /talk to state medical licensing board (usually have a consumer affairs department).Hell,talk to your congressman (I've done this & received very swift helpful action).

this is totally unethical to potentially delay getting into a clinical trial

[Bobrat]

In Canada we have the Access to Information Act, you can contact the Government Deptment that handles Healthcare and they will send it to you at no charge you will get it within a Month! A Urologist would not release my files ( they have no legal or ethical right to with hold your Health Records) in Canada! Doctors are known to do cover up' s for thier screw ups!

[greatjohn in reply to Bobrat]

cover-up is what I am afraid of....new advocate is putting pressure. Thanks!

[cesanon]

Under HIPAA those records are yours. You are entitled to them.

Send a letter of complaint to whoever licenses them in your state, and copy them, the Doctor(s) on it. That will likely cause them to jump on it.

Maybe also go to a personal injury lawyer to evaluate your case and get them to ask for the records.

This type of response is unusual and unlawful. Most likely a result of incompetence office staff, then them hiding anything.

[TNCanuck]

Request in writing, and cite the law. MAIL it to the director of medical records and require signature for delivery confirmation. You should get results.

[Hidden]

Remind them of the law if necessary. However, I have never had a problem with access. Your new Doctor can always present them with a form signed by you giving the old doctor permission to provide the requested docs to the new doctor.

In your case, it appears that lines of communication have broken down. See the Administrative Supervisor as they are osid to know the law and get it done. I wish you the best.

GD

[j-o-h-n]

What should I do if my doctor does not give me access to my records?

The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule gives you, with few exceptions, the right to inspect, review, and receive a copy of your medical records and billing records that are held by health plans and health care providers covered by the Privacy Rule.

If you want a copy, you may need to pay for copies and mailing. If you request an electronic copy of protected health information, a covered entity is required to provide you with such electronic copy to the extent it is readily producible. In most cases, you should get your copies within 30 days.

A provider cannot deny you a copy of your records because you have not paid for the health services you have received. If you believe that your doctor or other health care provider violated your health information privacy right by not giving you access to your medical record, you may file a HIPAA Privacy Rule Complaint with the U.S. Department of Health and Human Services (HHS) Office for Civil Rights. The easiest way to file a complaint is to go through the HHS Office for Civil Rights. If you have questions about privacy, security, or HIPAA, visit the Department of Health and Human Services Office for Civil Rights (OCR) privacy website . You can also search OCR’s HIPAA FAQ database.

For more information about your right to access your records, visit the HHS Office for Civil Rights.

I always CALL the "big muckety-muck" in charge for faster action. Believe me it works.

Good Luck and Good Health.

j-o-h-n Tuesday 02/20/2018 10:42 AM EST

[Frankenski]

Hey John,

I feel for you, bro. Fact: I asked my first Uro to provide my records for my next Uro. I asked my new Uro for a copy, and I got it. It was the worst excuse for a medical record one has ever seen! Every piece of paper was fed in with no care for the date, or anything else for that matter. It was a big mish-mash of this, that, repeats of this and that, and one big headache.

Good Luck,

Jo...Frank