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  1. #1
    Join Date
    Apr 2010
    Posts
    9

    Default Prevented Access to Medical Records

    My question involves medical malpractice in the state of: California

    Upon the recommendation of my internist, I saw a specialist twice in March for a very specific condition. Neither visit went very well. While the doctor was supposed to be doing a gynecological exam, she inserted a catheter into my bladder without telling me in advance and getting my consent. (This cost an additional $367 for a procedure which took a minute and a test which came back negative.) She also gave me 2 prescriptions which had nothing to do with why I went to see her & were contraindicated by another doctor about whom she made disparaging remarks. Then she told me I had to come back for a biopsy. Again, this had nothing to do with why I was referred to her & I knew the procedure was unnecessary as I recently had a hysteroscopy by another doctor & everything checked out okay.

    I, therefore, wrote a letter requesting to look at my file under the HIPAA law & hand-delivered it to the doctor's office. The person who handles medical records told me & my husband to come back in a week which we did. This time, she told us that we could not look at my records & I would have to schedule an appointment with the doctor who would explain everything to me then plus I'd have to pay a minimum of $150 for the visit. I repeatedly said that I didn't need to see the doctor & that we just wanted to read the file, specifically the doctor's notes but she refused to let me look or send a copy.

    Under HIPAA, can you indeed be prevented access to your medical records if the doctor only wants to relay information verbally? And must you pay for that time with the doctor?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Prevented Access to Medical Records/Possible HIPAA Violation

    The records are not actually owned by you - they belong to the provider. While you have a right to see them, the provider has the right to charge for the visit, the time and certainly for copying them (if you want your own copy).
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,589

    Default Re: Prevented Access to Medical Records/Possible HIPAA Violation

    In CA they cannot charge you to review YOUR medical record. A copy, or an explanation might require some surcharge, but not a review.

    Here is a link to CA HIPAA rules regarding patient' rights.:

    http://ihcrp.georgetown.edu/privacy/...ides/ca/ca.pdf

    And for some specific codes:

    http://www.disabilityrightsca.org/ne...2008-10-07.pdf

    http://www.thedocuteam.com/docs/hipaa_calif.pdf
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Prevented Access to Medical Records/Possible HIPAA Violation

    Carl, thank you for that correction.

    CA is apparently a bit different from some other states - and I didn't check, since I thought HIPAA was Federal.

    Thanks again!
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,589

    Default Re: Prevented Access to Medical Records/Possible HIPAA Violation

    Quote Quoting Dogmatique
    View Post
    Carl, thank you for that correction.

    CA is apparently a bit different from some other states - and I didn't check, since I thought HIPAA was Federal.

    Thanks again!
    HIPAA has some general applications that are nation wide, but HIPAA is largely expected to be subservient to state laws as well. It is not a single rule applicable nation wide, and it is a common thought that it is.

    I have some knowledge in this area as I am the guy who gets to go round and round with our local providers when they think they have a right to withhold certain records from law enforcement when they do not. It is usually a simple matter of pointing out the law and their making a phone call to an attorney ... but, sometimes ...
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6
    Join Date
    Apr 2010
    Posts
    9

    Default Re: Prevented Access to Medical Records/Possible HIPAA Violation

    Thank you for your insight and the links. Very helpful.

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