Is the clinic in question in SF? Here is what the
ca.gov site says:
Section 123110 of the Health & Safety Code specifically provides that any adult patient, or any minor patient who by law can consent to medical treatment (or certain patient representatives), is entitled to inspect patient records upon written request to a physician and upon payment of reasonable clerical costs to make such records available. The physician must then permit the patient to view his or her records during business hours within five working days after receipt of the written request....
...
A physician may refuse a patient's request to see or copy his or her mental health records if the physician determines there is a substantial risk of significant adverse or detrimental consequences to the patient if such access were permitted, subject to the following conditions:
- The physician must make a written record and include it in the patient's file, noting the date of the request and explaining the physician's reason for refusing to permit inspection or provide copies of the records, including a description of the specific adverse or detrimental consequences to the patient that the physician anticipates would occur if inspection or copying were permitted.
- The physician must permit inspection or copying of the mental health records by a licensed physician, psychologist, marriage and family therapist, or clinical social worker designated by the patient. These health care providers must not then permit inspection or copying by the patient.
- The physician must inform the patient of the physician's refusal to permit the patient to inspect or obtain copies of the requested records, and inform the patient of the right to require the physician to permit inspection by, or provide copies to, the health care professionals listed in the paragraph above. The physician must indicate in the mental health records of the patient whether the request was made to provide a copy of the records to another health care professional.
Did you make a written request via a HIPAA form, or just ask them in conversation? Was it a request to make copies for yourself, or to have them sent to your new doctor? Doctors' offices almost always require that records be sent directly from other offices, to eliminate the possibility of patients altering their own records. But you still have a right to your own medical records under the law, unless they have a good reason to refuse you. It sounds like if you have a new doctor, they will have the right to look at your records, even if the office refuses to send them to you for some reason.
Did they notify you of your right to have it sent to another physician, as in the quote above? Or give you any justification? If it were me, I would make a complaint to the medical licensing board. A surprising number of doctors are willing to push you around, if you let them.
Edited by chrono, 02 July 2010 - 10:13 PM.