[tealBumblebee]

I put in a request for medical records regarding my inpatient stay in October. I didn't even think it would be a big deal. However, when I called and spoke to medical records - they said that the doctor refused to release my records.

Now, first - I didn't think they could do that. That MY records should be accessible to ME. I asked my charge nurse at work, our local DHEC, and various people at the hospital and they all said it seemed a little weird/had not heard of it.

Google suggests that mental health records do not have to be released if the doctor feels that the records would cause a deterioration in mental health state, increase the risk of self harm, or violate someone else's confidentiality. I think that they are denying it based on the first two things, but my question is - what criteria do they use to evaluate whether i'm capable of "handling" my records or not? Especially as we have never done any follow up, etc.

I'm willing to pay for them and go through the proper procedures to get them, but I am NOT willing to accept not having access to my records. As far as i'm concerned - I was there the entire time they were - so I know pretty much what happened/what it should say. My doctor, therapist and I have always included me as a part of my treatment so the fact that they refuse to allow me that right, quite frankly, makes me want it more.

I put in a request for my doctor to request the records for me, waiting on him to respond probably after the holiday.

What are some next steps I can take if they refuse to allow him access/he says no?

[vonmoxie]

The Department of Health and Human Services seems to indicate here that outside of psychotherapy notes (not sure from your post if you are looking to review at that level of detail), you have a right to access all your records. These should certainly be separate documents, any session "notes" as opposed to general diagnostic and billing records.

You can file a complaint with HHS here: How To File a Complaint "within 180 days of when you knew that the act or omission complained of occurred", but perhaps advising the facility that you intend to do so if they don't provide you with the records within a specific timeframe could get them into action sooner. I would imagine that providing you with copies would be less hassle for them than managing any complaints filed with a federal agency. There might even be statistics and ratings they would want to protect, i.e. to avoid becoming an entity that has a larger percentage of complaints lodged against them.

[NowhereUSA]

Ugh. How lame is that? After my last hospitalization, I needed records and it was a pain the behind to get the hospital to send them. I talked to my pdoc and he wasn't able to send them for me, but he gave me a copy of them. They were eye opening and it was helpful for me to have them so I could discuss some points with my T and with my pdoc.

I guess I don't know what else... can your T request them?

[wotchermuggle]

You might have to get a lawyer involved, but if they are holding them because it would be detrimental to your health, be prepared that they could be partially blacked out.

[eeyorestail]

I have never heard of that! I always thought you had a right. You may have come across this same site in your Google research, but just in case, here is what I found--

From https://cdt.org/insight/getting-your-medical-records/

Can my provider refuse to give me a copy of my records?

Yes, but only under limited circumstances – and they have to tell you why. The most common basis for denial is when a licensed health care professional has determined that giving you access to the records is reasonably likely to cause harm to you or another person.If the provider denies you access to your records, then the provider must put the denial in writing. The writing must explain why the provider denied you access. The writing must also tell you if you have a right to review the denial and how you can file a complaint – you usually have the right to a review, unless you’re asking for records the provider cannot give you by law (such as psychotherapy notes or records they are compiling for a lawsuit).Sometimes a health care worker will mistakenly argue that they cannot release your own medical records to you due to privacy laws. This is a common misconception, and you should not accept this as an answer. In nearly all cases, your health care provider or health plan is obligated to grant your request for access or copies. You do not have to give them your reasons for making the request, even if they ask.

What can I do if my provider refuses?

In most cases, you can demand a review of the provider’s decision to refuse giving you a copy of the records. If you demand a review, the provider will designate a licensed health care professional who was not involved in the original decision to refuse your request. The professional will review the decision and make a final judgment on whether to grant you access to your records.If you feel your provider is withholding your medical records from you without a legitimate reason, you can file a complaint with your health plan or the provider. Providers and health plans to document complaints, review them, and penalize employees who don’t follow the law or the provider’s policies. You can also file a complaint with your state’s medical board.Lastly, you can file a complaint with the federal or state government. To file a complaint to the federal Department of Health and Human Services (HHS), you must file it in writing (on paper or electronically) within 180 days of being denied access to your records. Your complaint must describe what happened and name the person or provider involved. HHS may or may not investigate your complaint.

[tealBumblebee]

Originally Posted by wotchermuggle

You might have to get a lawyer involved, but if they are holding them because it would be detrimental to your health, be prepared that they could be partially blacked out.

Well I definitely don't want it blacked out. IBut geez, the price of a lawyer... I guess I could find like some resources for this. I just want to know what proof they have, with no follow up, to believe that my records are "so" dangerous to me and if so ... what the heck is in them?!

Originally Posted by NowhereUSA

Ugh. How lame is that? After my last hospitalization, I needed records and it was a pain the behind to get the hospital to send them. I talked to my pdoc and he wasn't able to send them for me, but he gave me a copy of them. They were eye opening and it was helpful for me to have them so I could discuss some points with my T and with my pdoc.

I guess I don't know what else... can your T request them?

Yeah, I don't know what the issue is! It's absolutely ridiculous. Just give me my paper and let me be on my way. I will ask T to request it, but I know day treatment gave her the bare minimum and refused to give her any test results - so I don't really know how much pull she has lol. But before her, i'm asking my PCP.

[vonmoxie]

You might also consider contacting a patient advocacy organization -- this one is a non-profit, and might at least have some good advice they could share for free:

Patient Advocate Foundation
Phone: (800) 532-5274

Regarding anyone's claims that seeing your records could be detrimental to your health, you seem like a perfectly credible witness for your own sanity to me. As long as you're not a minor or a ward of the state I think they have to defer to you as being your own advocate and representative.

At least that would be my assertion. As a side note, it seems to me to be pretty "magical thinking" to imagine that allowing a person to read their own diagnostic records could cause a psychotic break or other such regrettable event of an unspecified nature. Probably not helpful to point this out to them though.

[ThisWayOut]

dunno how far along you got with all this, but the state you are requesting them also generally is a pain in the butt about releasing records (at least the places I dealt with). If your PCP can get your records for you, that might be your best bet...

a word of caution though, I wouldn't read those w/o T around. Even knowing the general gist fo what was in my records, a lot of it sucked to read. Also be prepared for some "inaccuracies" in the records (again, especially from that state). Even doctors in the same hospital (from the same interview) could not provide consistent diagnoses and opinions in my records... It was seriously scary reading how 2 professionals could have gotten such opposite impressions from the same encounter.

btw, Hi. I miss you. Hope you are well.

[dontevenknow]

Hey, this sounds really frustrating, I am sorry you have to deal with it.
I plan on requesting my hospital and impatient records very soon, as soon as I feel capable of dealing with them and the situation. I hope I don't run into trouble.

If you don't mind me asking, for what reason do you want to access them? Just to read them and see what they say? (you don't have to answer if you aren't comfortable) I think it is very dumb that they won't let you see them, again, you were there, so you experienced it but can't read about it? That seems absurd.