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Holding medical records

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gball72

Junior Member
What is the name of your state? OHio

Is a physician allowed to hold personal medical records(due to non payment) from another physician?
 


racer72

Senior Member
Yes they are. It cost doctors lots of money to make and retain patient records. And the records belong to the doctor, not you.
 

scmarshall

Junior Member
Um... HIPPA now says the records belong to the patient. He/she would have to go to that doctor's office and request copies. Keep in mind, you could be charged for those copies and are required to pay the fee.
 

ellencee

Senior Member
HIPAA does not state that medical records belong to the patient(s). HIPAA explicitly states that the records are the property of the provider and repeatedly addresses issues related to the maintaining of the records and the sharing of the information contained in the records.
EC
 

scmarshall

Junior Member
I apologize, you are correct EC, that the files do not belong to the patient, I did state that incorrectly. But:

HIPAA requires health care providers, health plans, and health care clearinghouse to allow you access to your medical records. Notices you receive from providers and plans must include information about how you can obtain copies of your medical records.

In addition to HIPAA, about half the states have laws that allow patients or their designated representatives to access medical records. Laws usually allow health care facilities to charge a "reasonable" fee for copying records.

If you receive care in a federal medical facility, you have a right to obtain your records under the federal Privacy Act of 1974 (5 USC sec. 552a, www.usdoj.gov/foia/privstat.htm)

We advise that you make your request in writing. If you are denied access, you can file a complaint with the U.S. Department of Health and Human Service's Office of Civil Rights. (Contact information is provided at the end of this guide). Your state's medical privacy law might also enable you to file a complaint with state regulators.
http://www.privacyrights.org/fs/fs8-med.htm#E

This should be more helpful for what gball is asking about.
 

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