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  #1  
Old Feb 19, 2008, 10:34 PM
freewill
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hi... I am confused... so sorry if I asked this before...

I switched physicians... and am having trouble getting my medical records... Yepper... I am... my old physicans office is angry that I am switching.. and being poppers... as I call it..

I need... the last 7 years of my records... because it tracks.. my eating disorder... and then the resulting problems..

BUT>>>>>>>> I cannot even get the last year's records.......

soooo.... what should I do??? and is the last year's all that a dr's keep..

and if only a year.... how do I get them to "cough" them up??

nasty.. nasty.. nasty office people... and my old dr.. was just as nasty...about it...

did I mention... that the 2 office people I talked to were nasty...and.. just about wiped me out.. with their lack of compassion... with their.. just plain... mean attitude?????

sooo help... please...

not functioning so good right now...

Thank you.. for any ideas on how to get my records.. if only a years worth...

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  #2  
Old Feb 19, 2008, 10:53 PM
confusedlittlegirl confusedlittlegirl is offline
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Member Since: Jan 2008
Posts: 13
sorry to hear about that. it sounds like they might be a bit bitter.( from what you said) you may need to get the law involved. nobody "owns" your medical records. when you change doctors your records come with you.
  #3  
Old Feb 19, 2008, 11:57 PM
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Perna Perna is offline
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Member Since: Sep 2006
Location: Maryland
Posts: 27,289
A lot depends on your state. Go to your state's Web site and see if you can track down info like California has:

http://www.cmanet.org/upload/HowTforfm.pdf

You often have to fill out a specific form and pay a fee and "notes" may not be "records", etc. I had to pay $5 to get my dental records when I changed dentists and they only consisted of my last partial x-ray, taken a couple years earlier and totally useless :-) It can take a couple weeks or more too, to allow them to get together whatever is on the form, etc.

I would ask your new doctor what he wants and if your old doctor will have any info useful to him and if his office can help you get any old info, etc.; they'll at least have a copy of whatever form you need to fill out to request whatever the old doctor will have? Just see if you can get the new doctor's help.

What did the unhelpful, nasty office people actually say? Not counting personal nastiness, hopefully there was some sort of information/answers to your direct questions?
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  #4  
Old Feb 20, 2008, 01:46 AM
heyjoe heyjoe is offline
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Member Since: Jan 2007
Location: NY
Posts: 748

http://www.hhs.gov/ocr/hipaa/consumer_summary.pdf


http://www.hospitalvictims.org/hv_defend8.asp

make a copy of these and bring them to your old office and tell them you are going to make a complaint. there are big fines involved for this.

Here they have 30 days to give it to you

There i dont know how many days
  #5  
Old Feb 22, 2008, 12:50 AM
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AAAAA AAAAA is offline
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Member Since: Oct 2007
Location: Midwest
Posts: 5,042
In Michigan it was you own the records, but the clinic/dr owns the paper that they're printed on. You are entitled to copies, but they can charge you for them and they're not cheap usually.
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  #6  
Old Feb 26, 2008, 08:43 PM
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BalishBun BalishBun is offline
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Member Since: Jan 2008
Location: Michigan
Posts: 1,840
Its sometimes hard to get docs to cough up medical records, who knows why. Yes they can be nasty about it, and sometimes you wonder whats worse; killing them with kindness or being just as nasty back.
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  #7  
Old Mar 05, 2008, 11:31 AM
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speedy11 speedy11 is offline
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Member Since: Mar 2008
Location: planet earth
Posts: 44
There are laws about a patient's right to his or her medical records, but I think the laws are determined by each state. It you live in the US. In my state, a physician's office, hospital, etc is required to provide records to a patient in a certain amount of time (i'd have to look up specifically) after the patient signs the necessary release forms.

HOWEVER, my state does have an exception for mental health/psychiatric records. A clinic does have the right not to release these to a patient if the patient is currently in treatment at their facility. Again, I'd have to look up the specifics.

Check the laws in your state. I once filed a complaint with my state when a clinic failed to provide me with records I was entitled to. This might be a possibility for you if this continues to be a problem.

Also, are you requesting that the records be sent to YOU? I have seen clinics grumble about this and insist they can only send the records to another medical facility. This isn't true in my state but they have grumbled about it anyhow. In my state, a clinic may charge a reasonable fee for copying records for a patient.

Good luck. Medical offices can be so frustrating sometimes.
  #8  
Old Mar 05, 2008, 02:08 PM
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mysteri mysteri is offline
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Member Since: Jan 2008
Location: Florida
Posts: 28
Forget state laws - there is a Federal law called HIPPA that defines who owns your records - you do. As mentioned earlier, the dr office has the right (the responsibility) to keep the originals. Your new doctor needs to have you sign a Release of Information form and they should send it to old doctors office. As mentioned earlier, there may be a charge involved but they must send copy of records to new MD.

check out:
http://www.hhs.gov/ocr/hipaa/

Most health plans and health care providers that are covered by the new Rule must comply with the new requirements by April 14, 2003.

The HIPAA Privacy Rule for the first time creates national standards to protect individuals’ medical records and other personal health information.

It gives patients more control over their health information.
It sets boundaries on the use and release of health records.
It establishes appropriate safeguards that health care providers and others must achieve to protect the privacy of health information.
It holds violators accountable, with civil and criminal penalties that can be imposed if they violate patients’ privacy rights.
And it strikes a balance when public responsibility supports disclosure of some forms of data – for example, to protect public health.
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