How to force your pediatrician to give you a copy of your kid’s medical records
Medical records are stored on paper at 90% of hospitals and 83% of physician practices. What that means is that bits and pieces of your medical history are scattered across the state you live in, if not across the country. It never ceases to amaze me that health insurers can pick up tiny bits of data, like having acne, and use that to deny you coverage, and yet every time I see a physician, they have almost no information about the conditions I have experienced or the medications I have taken -I could totally lie to them and they would have no way of verifying the information I provided.
Okay, so it’s bad enough that the vast majority of your medical records are on paper and have no backup, right? Well, it gets worse. A lot of physician practices make it difficult/expensive to get copies of your medical records. Talk about a hostage audience. Another mom on my favorite Moms group recently sent out an SOS since her pediatrician was refusing to provide copies of her daughter’s records. Within a few hours of her post, six moms responded with valuable advice garnered from similar experiences -the highlights are below.
9/9/09, 3:17PM
Hi all -
I have been trying for almost 2 months to get copies of my daughter’s medical records transferred to a new pediatrician. In the meantime, I am leaving the state and am trying to get a hard copy to take with me. During this time, my new pediatrician will not immunize my daughter without these official records. As a result, my daughter is behind two cycles of shots. I have called, sent letters, tried to contact the previous pediatrician and still no records. The front office staff basically tells me that these take time and I will just have to deal. I am at my wits end. I feel like we are being held prisoner and am not sure what other steps can be taken to get these records? Do I have an attorney send a letter? Do I log a complaint with the medical board? Do I go and sit there until they give me the records?
Anyone know or have suggestions on how to get attention from this office? I want them to understand, especially the twits at the front desk, this is serious.
Any advice you have would be greatly appreciated!
Thanks in advance!
T.
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9/9/09, 9:15PM
I’ll preface this with the necessary “I am a lawyer but not a benefits/health attorney so don’t view this as true legal advice” disclaimer, but you stirred up a memory and so I did some research…try this:
To add a hammer to back up your physical presence in the waiting room, before you show up send them a certified letter (and fax it too) stating that their failure to timely turn over the records and permit you access represents a violation of the “Standards for Privacy of Individually Identifiable Health Information” (”Privacy Rule”) issued by The U.S. Department of Health and Human Services to implement the requirement of the Health Insurance Portability and Accountability Act of 1996 (”HIPAA”). Specifically, the HIPAA Privacy Rule states that Providers (like your child’s doctor) must comply with an individual’s right to, among other things, ask to see and get a copy of his/her health records, and have corrections added to such health information. In the case of a minor child, a person with parental rights (that’s you) is deemed a “Personal Representative” of the child and has the same rights as if the records were their own.
State in the letter that following repeated attempts to obtain these records (cite your previous attempts, with dates, and reference and attach copies of any letters or emails you sent), if you are not provided with the records when you arrive at their office on [X date], you will exercise your rights under HIPAA by filing a complaint with the U.S. Government (specifically the Office for Civil Rights which has responsibility for implementing and enforcing the Privacy Rule and with the Secretary of the HHS).. Since that can incur fines, it may light a fire under their arses….
To view the entire Rule, and for other additional helpful information about how it applies, see the OCR website: http://www.hhs. gov/ocr/hipaa.
And yes, the laws permit them to charge a reasonable fee for getting the records, but it can’t exceed the costs of copying and any postage.
Good luck!
K.
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9/9/09, 9:24PM
T & K,
Can I repost your two posts on my blog ? I occasionally write about our broken healthcare system and the fragmented nature of US medical records is a huge part of why medical care costs so much -every hospital and physician practice maintains separate records and don’t like to share with each other because they don’t want to lose market share. It’s like paying for six real estate management companies when you only need one.
Kathy
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9/9/09, 9:45PM
As long as I’m being used as an example and not a “source” and you make sure you include my disclaimer (that I am not an expert on health law and i don’t intend my post as legal advice - I can just see someone picking apart my response as “incomplete” somehow) and include the links to more complete information that I had in my post, I would be fine.
I should note that HIPAA doesn’t have (at least based on my quick research) any time period set out for how quickly a provider must provide the records (maybe case law covers that, but that’s a huge research project) ….and also that an individual seeking records needs to (and should) put his/her requests in writing (the rules lay out what “proper” requests for records should include) and - for prudence purposes - keep copies of his/her and the provider’s correspondence (as well as noting dates of calls and names of individuals he/she spoke with - not just “receptionist” but “Cathy” - since it’s easy to play the “gee, no one gave so and so that message” but harder for Cathy to say “gee, i never spoke with you”).
Interesting Blog, by the way.