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  1. #1
    Join Date
    Feb 2019
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    2

    Default Is My Physician Violating HIPAA by Withholding My Medical Records

    My question involves malpractice in the state of: Georgia

    HIPAA Violation / Withholding of Medical Records

    Last March, I had a biopsy procedure on my back (which was ultimately unnecessary because my physician knew what this condition was but insisted upon me having this done) and they ensured and guaranteed that they would provide reconstruction services after the biopsy. A month later, they walked back on this promise and said they could not reconstruct and referenced other medical centers (miles out of the way) for me to consider. Long story short, they put me through absolute hell last year; taking shots in the dark by prescribing me with expensive prescriptions that they guaranteed would render results but never did.

    By the end of last year, I had reached my last straw and told them I would be pursuing another office and I suppose at this point they put me up for dismissal. Long story short, they are now withholding every medical record of mine documented during my stint at their office and refuse to release them to either myself or my new physician. I am at my wits end with this practice and know little of how malpractice law work. How do I go about handling this? It can't possibly be legal for them to withhold MY records. What are my options? What can I do?

  2. #2
    Join Date
    Jul 2010
    Posts
    7,600

    Default Re: Is My Physician Violating HIPAA by Withholding My Medical Records

    What reason are they giving for refusing to release the records to a new provider?

    HIPAA does require they provide a copy of your records to you, absent certain exclusions, and may charge a processing/copy fee for it. If they are not cooperating at all, they would be in violation.

    Unfortunately, HIPAA does not provide you any recourse outside of filing a complaint with HHS.

  3. #3
    Join Date
    Feb 2019
    Posts
    2

    Default Re: Is My Physician Violating HIPAA by Withholding My Medical Records

    I called their office on Monday and asked for the umpteenth time if they could send my records over to my new physician. The secretary said she would proceed with doing so. Called my new practice later and they said they never received anything. Called my old practice back yesterday and asked why they never sent my records over and she simply said that she spoke with her manager and they've decided that since I have been dismissed they will not be releasing anything.

    Do I need to contact the HIPAA Help Center or HHS directly? Because this is absurd.

  4. #4
    Join Date
    Jul 2010
    Posts
    7,600

    Default Re: Is My Physician Violating HIPAA by Withholding My Medical Records

    Has your new provider actually tried calling them directly? They might be able to appeal to professional courtesy.

    I would call the old provider one more time, advise them that they are in violation of HIPAA by not releasing a copy of your records and then ask them nicely to send it to the new provider.

    Being a dismissed patient is not an allowed reason for denial under HIPAA. Further, they are required to send in writing explaining why the request was denied.

    If they refuse, advise them you are filing an official complaint with HHS and then do so.

  5. #5
    Join Date
    Oct 2014
    Posts
    7,092

    Default Re: Is My Physician Violating HIPAA by Withholding My Medical Records

    Quote Quoting hroc
    View Post
    What are my options? What can I do?
    First, have you asked for the records in writing and specifically invoked your right to those records under HIPAA? If not, that is the first thing I would suggest you do. As for your right to the records, see the HHS page that explains the individual's rights to health records.

  6. #6
    Join Date
    Jun 2014
    Posts
    2,991

    Default Re: Is My Physician Violating HIPAA by Withholding My Medical Records

    Unless medical records deal with mental health. Providers have to provide you access to your medical records. If you want copies of your medical records. Providers can charge you the cost of copying them.

    Have you signed a permission to release medical records form ? You have to do this. You need to give them a few days to send the medical records to your new provider. If they refuse to send them. You can file a complaint with HHS. But do not expect the complaint to do anything any time soon. It could be a few years or longer.

    https://www.hhs.gov/hipaa/for-indivi...rds/index.html

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