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Old 05-10-2007, 07:59 PM   #1
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Denied copy of medical record

Hi all and thanks for reading this post.

My husband is having issues with his former pcp. He has called and written in to the former pcp's office requesting that the office release to him a copy of his medical records. The office sent back a fax saying that "we don't do that", meaning they will not give him a copy of his records. I am pretty sure that under HIPAA as well as Michigan law, they are required to supply him (for a fee) with a copy of his records. There is a much longer story explaining why he wants them, and we could easily have his new doctor request them, but the question is whether or not it is legal for a doctor to deny you access to your own medical records. Any input is appreciated.

Last edited by justme231; 05-10-2007 at 08:00 PM.

 
Old 05-11-2007, 07:33 AM   #2
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Re: Denied copy of medical record

Not sure about the law where you are, but I believe that legally, they are his medical records. I went thru the same thing here, and told the doctor's office that legally they are my records and that I would pay a fee for them, after arguing with them they finally made me a copy.

 
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Old 05-11-2007, 11:13 AM   #3
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Re: Denied copy of medical record

Legally you can not be denied the records. Someone just doesn't want to make a copy for you. That is in house bull they are feeding you. Stick to your guns and go down in person. They will not likely deny you when you get in their face. I have had to do it before and do not accept no for an answer.

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Old 05-17-2007, 06:17 PM   #4
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Re: Denied copy of medical record

Hey Justme... I live in Michigan. I just wanted to let you know that by law they have to give them the chart copied. There is a fee I think 25$ first page and so on I dont know about the fee to be honest. But they have to by law as long as he has released them to do so. Just be diligent. I would recommend going into the office or getting a lawyer involved if they still wont!! Good luck!!

Last edited by moderator2; 05-17-2007 at 06:38 PM.

 
Old 05-17-2007, 06:55 PM   #5
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Re: Denied copy of medical record

Where I live my OBGYN doctor charges 30 cents a page for copies of my medical records. I don't see how any one can deny you access to "YOUR" records. I try to remeber to get a copy before I leave the office. Lately I've had to go back but never had any trouble. I had to go in first and sign a paper allowing them to make a copy and what I wanted the copies for. I always write..... "for my own files"

That just seems like something is fishy. I'd keep on them.

 
Old 05-18-2007, 06:32 AM   #6
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Re: Denied copy of medical record

Just trying to give them the benefit of the doubt here...maybe they need you to request them in person. Via fax, they can't tell if you are the person that they are for. So, it could be that they are protecting you, your privacy and your identity. There have been medical identity thefts so, that could be it. Have your husband go see the doctor personally. Or the doctor's office. He is the only person who they are allowed to release his records to. And, I personally would rather have my medical offices make it a policy that I have to get them in person instead of having thousands and hundreds of thousands of dollars racked up in medical bills under my name as has unfortunately happened to other people in the world.

As far as them being obligated to give you your medical records. That is a fact. They are your records and, if they keep refusing, seek legal action. I am not even sure that it is legal for any doctor's to charge you for your records. But, I don't know that it isn't legal either. I just think that would be like someone charging you to wear your own shoes. That is your property under their care. But, I digress!

Absolutely have your husband go to the doctor and ask for his records in person. He will probably have to present a valid driver's license and he might take other forms of I.D. with him as well. Perhaps his birth certificate or SS card. They can not deny him with proper I.D. and in person.

 
Old 05-18-2007, 07:03 AM   #7
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Re: Denied copy of medical record

You DO have a right to your personal medical records from any place where you have been seen,they are your personal medical history and for many reasons,you have all rights to them,or to get copies of them,you also have the right to actually set up an appt with them to actually go thru your very own medical file.i do believe someone else has to be present in the room with you,like the doc or a nurse,but you can do this.depending on their policy,you may or may not actually have to pay for the service of copying tho.here in MN,i have never ever had to pay even one penny for ALL my very very huge accumulation of medical records,ever(i have to get mine updated like every six months from MANY docs).i have had to see about ten seperate specialists just for my many many major medical problems,and my sons as well and have never been denied access to them,ever.if they are giving you any problems at all,i would suggest very highly that you contact your local chapeter of the AMA or even the state health dept and ask THEM just what your rights are.they may even be able to help you access them.this is just not right and against the law as well.as long as it is the actual patient making the request,they should be able to accomadate you within,usually about one weeks time.

most docs offices now have an actual service that comes in about once a week to do just this,copy peoples medical records.that is all they do.people need records for tons of reasons and this docs office has no right to deny your requests,they do not have a leg to stand on here and they know it.just get the backing of the AMA or the state health dept behind you,find out what your rights are,then cram them down this docs offices throat.once you have confirmed your rights with them,go for it.

YOU DO HAVE RIGHTS as a patient.just find out the facts and go from there.make those phone calls to the places i told you.good luck and please keep us posted.FB
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Old 05-18-2007, 07:10 AM   #8
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Re: Denied copy of medical record

Your husband's former pcp is required under federal and state law to provide copies of the medical records. The federal law is HIPAA and the Michigan law is MCL 333.20201, known as the Patient Bill of Rights.

HIPAA gives the doctor 30 days to provide the records and one additional 30 day extension for "good reason". HIPAA allows the doctor to charge a reasonable fee for copies. The doctor does not have to hand over the original records. The doctor can charge a reasonable fee for expenses to copy the records. The doctor cannot charge you for time spent searching for the records. The doctor can require a written release form. A sample release form is available here: [url]http://www.privacyrights.org/Letters/medical2.htm[/url]

The doctor can refuse psychotherapy notes or information compiled for lawsuits. A doctor can refuse to provide medical records if he or she believes that releasing the records could reasonably endanger your life, your physical safety or that of another person. A written denial letter is usually required. In some cases, you can appeal a denial. If so, you should be given instructions on how to appeal in the written denial.

You don't have a right to sue if the doctor does not comply. You can only file a complaint with the state and federal agencies. You must file the complaint within six months. Violations of the HIPAA law can lead to civil fines of up to $25,000. Criminal violations can lead to fines up to $250,000 and up to ten years in prison.

Last edited by moderator2; 05-18-2007 at 10:17 AM. Reason: website approved for posting by Moderator2

 
Old 05-18-2007, 11:03 AM   #9
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Re: Denied copy of medical record

What is copied from a person's medical record will be most likely lab reports but not/never doctor comments. Many times doctors put personal negative comments in the file and do not want those to be seen by anyone. That is a bad move on their part, however.

I had the opportunity to see the entire file of my son one time while taking it from one doctor to another down the hall and read the negative statements about his mother (me). Yes, I was called some bad names just because I wanted medical care for my son. His condition turned out to be swelling of the lining of the brain and there had been 7 cases in our city, he was one of them. The doctor kept telling me it was just a virus and brushed it off. Yes, I am a pain in the b..t when I know my child is seriously ill I go to bat to find out what the problem is.

Many doctors will copy a few things, give it to you and consider it a copy of your records even tho many, many things were omitted. Took me 3 tries to finally get most of my medical records from a physician.

BEST TO ALWAYS GET COPY OF YOUR LAB WORK as you go along.

 
Old 05-18-2007, 01:12 PM   #10
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Re: Denied copy of medical record

If worst comes to worst you can do what I did. There was something in my file that I did not want anyone to find out. I made an appointment a few months down the road for a follow up. The nurse left me alone with my file so I went through it and took out the thing I had asked him not to write down. I took other papers out too that I thought had no business in there. It's my personal business. I pay him to treat me not make comments about me or my personal problems.

I just glad I had a big purse that day.

 
Old 05-19-2007, 07:26 AM   #11
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Re: Denied copy of medical record

while you wont get an actual deep thoughts type of record from your doc in any medical file you DO get the overall impression of every visit(what it was for and his or her thoughts and any treatment that was given or follow ups given)i have always gotten that part in my requested records,but there are some things you will never actually obtain,thats just another part of your records.but getting the "impression of your condition 'notes and his narrative transcription should be there in those.mine always have been.FB
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