4 replies to this topic

[mathkid]

Hi, everyone. I finally come to realize that doctors are business persons also. I'm moving to another city pretty soon, so I tried to get from my psychiatrist a copy of my ADD diagnostic report. But they refused to give them to me, saying that they have rights to refuse release of information.

But now I'm moving and will no long visit the clinic. The doctors are playing game with me by not giving me full medical records.

Can they refuse to release my own medical records to myself? Many thanks.

[lunarsolarpower]

Can they refuse to release my own medical records to myself?

In most jurisdictions they must release copies of your records to you within a certain amount of time such as 15 days of receiving a written request for them. Usually the law allows them to charge you a nominal fee ($10-15) for making the copies. However it is illegal for them to give you the original medical records as the doctor has a legal duty to maintain them for a certain number of years.

[chrono]

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.

[mathkid]

Many thanks to your detailed replies, lunarsolarpower and chrono! They really help. The clinic is in SF.

I didn't send my written request last time.... I’ll hand them a written request, and then see what happens next.


[your post got stuck in the moderation queue because there were links in it; sorry about that!]

Edited by chrono, 07 August 2010 - 04:00 AM.
trimmed quote

[Raptor87]

Often when doctors deny a patient from their records is because it can damage their mental health or progress if they get a hold of it. I would suggest that your clinic sends the journals to your new doc´s. Just my two cent´s...