Office Not Giving All Records, Claims Against The Law
Hello,
I live in Brooklyn, NY and am 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
Re: Office Not Giving All Records, Claims Against The Law
They're concerned about violating HIPAA.
Re: Office Not Giving All Records, Claims Against The Law
Hello,
I don't understand why they can get into trouble, if its (my) medical report. I just dont get how if a letter had my name on it, why I cant have a copy of it.
Is there any law, policy, or act I can say to the office rep, that would help release the rest of the files?
Thanks so much,
J
Re: Office Not Giving All Records, Claims Against The Law
Aaron already gave you and answer.
Send the same letter to Dr.X and h/she will send copies of whatever record they may have to you.
I have to admit that I think the office policy is a little overkill in regards to HIPAA. If the complete medical record was requested in writing then anything included in OP's medical record kept at that office should have been copied and released to the patient. The exception would be psychiatric notes which are only released at the discretion of the treating Physician.
Re: Office Not Giving All Records, Claims Against The Law
New York State Law seems to have no such restriction. the law is specific in that one physician must release records to another upon patient request thus it would seem the law intends those records to become part of the new physicians record, which entitles you to it. SEE:
http://www.health.state.ny.us/nysdoh...ion_charts.htm
Re: Office Not Giving All Records, Claims Against The Law
Hello,
Lawmed...I first want to thank you for stopping by and helping out. This issue is all new to me. I went to the link you provided but dont really understand all of that info. I tried my best to make sense of it, but was confusing.
Based on what you are saying, I can call the physician back up and explain that I did not receive my complete medical record and there is no such regulation or law stopping you from doing so...correct?
If you would be so kind, to point me to the section from that link, so later when I contact the doctor, I can read off the HIPAA code...please.
Thanks again so much for the help,
;)
Re: Office Not Giving All Records, Claims Against The Law
HIPAA is Federal law and takes precedent over state law. It does not, however, prevent states from going FARTHER in their laws protecting patient privacy and rights to records. In other words they may put additional reasonable safeguards in place, but may not prevent you from receiving your complete medical record held by ANY institution or physicians office. The exception is any portion of the medical record that if released would potential compromise the safety or privacy of another. This is typical in psychiatric records.
I would mail a copy the document (print from link) I sent you to the physician with a letter asking what law they refer to and again request your reords. You can also find the contact info at the link and call the sate for advice/opinion.
Of course the previous suggestion of requesting each of your physicians to send their records to you takes care of the Dr A and Dr. X issues.
Re: Office Not Giving All Records, Claims Against The Law
Quote:
Quoting
myfind2006
Hello,
Lawmed...I first want to thank you for stopping by and helping out. This issue is all new to me. I went to the link you provided but dont really understand all of that info. I tried my best to make sense of it, but was confusing.
Based on what you are saying, I can call the physician back up and explain that I did not receive my complete medical record and there is no such regulation or law stopping you from doing so...correct?
If you would be so kind, to point me to the section from that link, so later when I contact the doctor, I can read off the HIPAA code...please.
Thanks again so much for the help,
;)
Try this link about NY law regarding your right to see your medical information.
http://hpi.georgetown.edu/privacy/st...y/nyguide.html
Re: Office Not Giving All Records, Claims Against The Law
Hello,
Thank you deadlock and lawmed, for the great suggestions. Really good info! I read thru everything and it was easy to read, from what I'm understanding they (physician) must provide my complete record, even if some of the files are from other doctors. The only reason they would not release copies, would be if they feel I will harm myself or someone. Other then that, they MUST give me the whole folder...I believe this is correct, yes?
I just have one last thing I would like to make sense about. I believe it was aaron mentioned 'They're concerned about violating HIPAA'. But based on the new info provided, they all state the physicians MUST release. So, which is correct?
Thanks again,
;)
PS: Not sure if anyone cares or not, but once I hear from physician about releasing copies, I will update it here.
Re: Office Not Giving All Records, Claims Against The Law
HIPAA laws are as confusing the tax code. Like aaron said, they were simply trying to protect themselves in case you sued them (people tend to sue first, ask questions later) for disclosing too MUCH information.