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  1. #1
    Join Date
    Sep 2005
    Location
    Virginia
    Posts
    1

    Default Doctor Won't Release Medical Records

    About a month ago, my sister was having severe female problems and tried to contact her regular OB/Gyn to be seen. After 2 days of calling with no response, she went to see a new doctor and has now been told that she will have to have 2 biopsies done on her cervix and uterus.

    However, her records from the non-communicative doctor have still not been received by the new doctor. Three signed releases have been faxed (and verified received) and my sister was told by old doc that she would send them when she "got around to it". Evidently, her ego was a little bruised when her first patient (sister) left her practice.

    My question is...is there a time line requirement for the release of records once they have been requested, both by the new doc and the patient? New doc is furious because he has none of my sister's history to aid in diagnosis, etc. and promises to hold old doc responsible if there is a serious health issue.

    Thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Access to Medical Records

    Pursuant to Virginia Code Section 32.1-127.1:03, you may submit to your medical care provider a request in writing, dated and signed by the requester (you), with both a reasonable description of the records sought and evidence of the authority of the requester to receive the records. The health care provider has 15 days following receipt of a statutorily adequate request to do one of the following:

    1. provide copies of the records;

    2. inform the requester if the information does not exist or cannot be found;

    3. inform the requester of the provider who now maintains the records; or

    4. deny the records for specific reasons set out in Section F of the statute.

    The provider may charge a reasonable fee for copying the records, but non-payment of the fee does not appear to excuse compliance with the duty to respond within fifteen days.

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