Office Not Giving ALL Records, Claims Against The Law

[Mec4040]

What is the name of your state? NY

Hello,

I'm having a problem with my doctor. I called to have my complete medical records copied and mailed to me. I had to fax them a letter stating I give the doctor permission to copy and mail my complete records with my signature.

I called them again to check the status and they told me that all records were copied, except for the ones that came from other doctors. Meaning, Dr.X sends a report about me to Dr.Z and Dr.Z is telling me they cannot send me any record that came from Dr.X or any other Dr.

Is this possible? The office said its against some kind of law. Can this office really keep records from me? Is there anything I can say or anyone I can call?


Thanks,

J

 

[moburkes]

You will need to ask Dr Z for Dr Z's records. The doctor is not required to provide another doctor's records.

 

[ellencee]

We went through this question before and the answer can be found on http://www.hhs.gov/ocr/hipaa/.

The physican's office is being ridiculous.

A copy of the medical records from Dr. Z is now a part of the current physician's records and as such should be included if Dr. Z's records were used in the current physician's treatment plan or are noted in any way in his/her records for this patient.

There is so much ignorance in the medical profession r/t HIPAA as it is approaching the size and complexity of the US Tax Code. Common sense and common courtesy r/t medical records has gone out the window!

If the bozo won't send Dr. Z's records, save yourself some grief and get them yourself.

Best wishes,
EC

 

[moburkes]

We went through this question before and the answer can be found on http://www.hhs.gov/ocr/hipaa/.

The physican's office is being ridiculous.

A copy of the medical records from Dr. Z is now a part of the current physician's records and as such should be included if Dr. Z's records were used in the current physician's treatment plan or are noted in any way in his/her records for this patient.

There is so much ignorance in the medical profession r/t HIPAA as it is approaching the size and complexity of the US Tax Code. Common sense and common courtesy r/t medical records has gone out the window!

If the bozo won't send Dr. Z's records, save yourself some grief and get them yourself.

Best wishes,
EC

Where does it show in the link you provided? I do vaguly remember a question like this, but I don't remember it saying that the current doc should provide the previous doc's records, and I didn't find it by reviewing the "brochures" or cheat sheets that you provided. Thanks.

 

[Zigner]

And...where (in the law) does it say the current doc is REQUIRED to submit information from another doc?

 

[panzertanker]

There is so much ignorance in the medical profession r/t HIPAA as it is approaching the size and complexity of the US Tax Code. Common sense and common courtesy r/t medical records has gone out the window!
EC

Tell me about it:
I made a referral to a HH agency today and the nurse manager stated that the account manager is not allowed to come get the referral b/c she is not a nurse!


Read my signature...it also applies that intelligent people act assinine.

OP:
I see that others have questioned ellencee's response.
The law states that medical records must be furnished.
For example: Once I request and receive records from another provider, they are now a part of the patient's chart in my office. (read: medical records)
My medical records now consist of my generation of information and someone else's generation of information.
Not sending another provider's records is the same as saying you will not send xray/mri/ct/etc copies that were done at another facility and not yours.....

 

[ellencee]

Tell me about it:
I made a referral to a HH agency today and the nurse manager stated that the account manager is not allowed to come get the referral b/c she is not a nurse!


Read my signature...it also applies that intelligent people act assinine.

OP:
I see that others have questioned ellencee's response.
The law states that medical records must be furnished.
For example: Once I request and receive records from another provider, they are now a part of the patient's chart in my office. (read: medical records)
My medical records now consist of my generation of information and someone else's generation of information.
Not sending another provider's records is the same as saying you will not send xray/mri/ct/etc copies that were done at another facility and not yours.....

Thank you.

moburkes
I would, at most any other time, be willing to research through that site, but I'm just not in the mood to spend hours doing it.

I got to thinking about it and we may have found the particular case-in-point in the HIPAA.gov site and not the Office of Civil Right's site.

Anyway, for those of you who question my answer: I am right.

The OP can choose to fight this battle with the MD's office, and I would, or the OP can get the records from the previous physician. The only problem with the latter is the entire previous record may not be applicable to the currently treating physicians plan of care.

When requesting records from a physician or a hospital, the attorneys for whom I consult and I request all records included in the physician's records which includes records from other providers. If the same is not received, we get a subpoena. If it is a defending provider who sends incomplete records, it raises the question of what are (they) trying to hide. It can be brought out later that the provider intentionally failed to provide the complete record and that gaining the records required intervention from the judge (the subpoena). It doesn't bode well with a jury.

EC

 

[moburkes]

EC and Panzertanker, I was NOT saying that she was wrong. I sumply said that, while I vaguely remember a question like this before, I didn't remember the conclusion, and, based on the link that she provided, I STILL didn't see the information. I assumed that she was pointing out the link to "prove" what she was saying, but the link didn't prove or disprove her. That's all. I wouldn't have said "thanks" if I was trying to prove her wrong.

I disagree with the common sense and common courtesy part. People come here time and time again trying to sue because they felt that their privacy was violated, and, for the most part, they don't have any type of a case. Although, I will agree that people now tend to err on the side of caution so that they aren't afraid of being sued for giving out information they shouldn't have.

(had to add the big NOT)

 

[ellencee]

EC and Panzertanker, I was NOT saying that she was wrong. I sumply said that, while I vaguely remember a question like this before, I didn't remember the conclusion, and, based on the link that she provided, I STILL didn't see the information. I assumed that she was pointing out the link to "prove" what she was saying, but the link didn't prove or disprove her. That's all. I wouldn't have said "thanks" if I was trying to prove her wrong.

I disagree with the common sense and common courtesy part. People come here time and time again trying to sue because they felt that their privacy was violated, and, for the most part, they don't have any type of a case. Although, I will agree that people now tend to err on the side of caution so that they aren't afraid of being sued for giving out information they shouldn't have.

(had to add the big NOT)

Sweetie, I wasn't arguing with you or attempting to, in any way, be argumentative.
EC

 

[panzertanker]

EC and Panzertanker, I was NOT saying that she was wrong. I sumply said that, while I vaguely remember a question like this before, I didn't remember the conclusion, and, based on the link that she provided, I STILL didn't see the information. I assumed that she was pointing out the link to "prove" what she was saying, but the link didn't prove or disprove her. That's all. I wouldn't have said "thanks" if I was trying to prove her wrong.

I disagree with the common sense and common courtesy part. People come here time and time again trying to sue because they felt that their privacy was violated, and, for the most part, they don't have any type of a case. Although, I will agree that people now tend to err on the side of caution so that they aren't afraid of being sued for giving out information they shouldn't have.

(had to add the big NOT)

I did not think you were arguing either...

Either way, OP must decide if s/he has the time to fight with the physician's office, or if the path of least resistance leads down the road of calling the original physician and obtaining the records that way...

 

[Mec4040]

Hello,

Thank you everyone for sharing some great tips. Just to try and clear some info up. When I asked the office rep what do I need to write in the faxed letter to receive the FULL folder, she said to just ask for the complete records...which I did.

However, when I called back to double check that they sent them, she explained that it is all done, but not all records where copied and then explained her reason why.

As someone suggested I can take the easy road and just request from each doctor...but the problem with that is, I have seen many doctors and am not sure what doctors might have sent files to this main Dr.

Also the mention of getting a 'subpoena'. Is this something I can do myself? Or must I hire a lawyer? I know I asked this but I just want to be clear...please dont be rude or flame me...but is there any code, regulation or law I can repeat to this office rep to release my other records?


Thanks,

J

PS: One last thing, I'm not asking this question to see if I have a malpractice case against the Dr. or anything...I just would like to have my complete medical record.

 

[panzertanker]

Hello,

Thank you everyone for sharing some great tips. Just to try and clear some info up. When I asked the office rep what do I need to write in the faxed letter to receive the FULL folder, she said to just ask for the complete records...which I did.

However, when I called back to double check that they sent them, she explained that it is all done, but not all records where copied and then explained her reason why.

As someone suggested I can take the easy road and just request from each doctor...but the problem with that is, I have seen many doctors and am not sure what doctors might have sent files to this main Dr.

Also the mention of getting a 'subpoena'. Is this something I can do myself? Or must I hire a lawyer? I know I asked this but I just want to be clear...please dont be rude or flame me...but is there any code, regulation or law I can repeat to this office rep to release my other records?


Thanks,

J

PS: One last thing, I'm not asking this question to see if I have a malpractice case against the Dr. or anything...I just would like to have my complete medical record.

Something doesn't make sense:

If you want your FULL records then you must contact each and everyone of your treating providers to obtain a copy of their records.

It does not matter what records were sent to this current physician, if you truly want a complete copy of your records, b/c all you need is his/her records and then each other treating providers records....

So clarify for us.....

 

[ecmst12]

A subpeona is something you get from a judge to obtain information needed for an ongoing court case or investigation. It wouldn't be appropriate in your case.

If the doctor's office won't respond to your explanation that they are allowed to release to you, everything that is a part of your chart in their office, regardless of what doctor it originally came from, you can file a complaint with the HIPAA board. Instructions for that should be available on th HIPAA web site.

 

[Mec4040]

Hello,

What I mean by Complete medical records...I was trying to say the complete medical records from 'that' doctor. I thought when I contacting the doctor, asking for my complete medical records, the office would have copied every single paper inside my folder...should this not be the case?



Thanks,

 

[Betty]

OP started new thread: see https://forum.freeadvice.com/showthread.php?t=357904.