The law about patients obtaining their own chart

[Mommy_of_3_in_AL..RN]

Ok, i wasnt sure where to post this, but i need to know the general law about a patient obtaining their own records from their MD. I am changing GYN because of a lot of issues i have with the current one, and today when i called to request my chart, first they gave me the run around and told me that it could not be released until the new physician filled out a bunch of forms and i came in and signed a bunch of papers, which usually takes about 4 weeks. After i told them that was unacceptable,as my appt is next week, they said i could come in and sign for it, but it could not be released until 48-96 hours after that. In my opinion, i thought if i went in and requested my personal records, provided identification for myself, and signed for them, they should be released to me immediately (with maybe the exception of the time it would take to pull the chart). This MD made a lot of mistakes with me pregnancy and delivery (undiagnosed preeclampsia--said BP was due to undue anxiety, although it was SKY HIGH for several days, and i was very symptomatic. He also turned me over to another hospital after he did not want to deal with me, and then told those docotrs that i insisted on being moved, along with some other things). In my opinion, i think this time frame that i have to wait is just giving them time to go over my records with a fine tooth comb to make sure their is nothing that can be used against them, and remove or correct anything that may be bad on their part. Can i not just go in and demand my records be handed over, or what????

[APRN., DNP, RN, APRN, NP]

This sounds like an excellent question for your attorney to answer. I always figure, if I can't get what I want, my attorney can usually get it for me.

[Mommy_of_3_in_AL..RN]

Thats my problem. I dont have an attorney, nor can i afford one. I just landed a new job as a new grad, and i dont know what to do...surely there is something in HIPPAA about this, and i just dont know where to find it??

[feralnostalgia]

*not a nurse yet*

as a patient, I requested a copy of my doctors records for school and it took them 2 hours to fax over a full copy. what the hell is up with making you wait 96 hours?

if he messed up that often, I'd start to wonder exactly what he wanted to hold onto your records for. is he afraid you'll sue him? does he want to make sure they aren't incriminating before handing them over?

maybe this is normal, I haven't even finished school and wouldn't know, but it's a damn good question to ask.

[BrnEyedGirl, BSN, MSN, RN, APRN]

Making a copy of an entire chart would be a very time consuming process and most places charge for that service. To expect the office staff to stop what they are doing in the middle of seeing patients to do this for you is unreasonable. Most offices in my area ask that you sign the appropriate forms at your new office and have the records transfered that way. FYI if you want the hospital records included, you will have to follow the same process at the hospital. Good luck to you.

[Mommy_of_3_in_AL..RN]

I may be mistaken, but i thought that if i was changing providers, they would not have to copy the chart, only give me the original, because i will no longer be using their service. I read this somewhere..maybe i misread or misunderstood?

[BabyLady, BSN, RN]

One of the stipulations if HIPAA is that your records must be IMMEDIATELY accessable.

Essentially, when you think about it, if they are telling you it will be several days before your records can be looked up, they are actually telling you that in the event of an emergency, another physician will not be able ot obtain a good medical history on you, without it "taking several days" or "filling out a bunch of paperwork."

I would park my happy behind in front of the office, I would go in the BUSIEST part of their day (like a Monday at 10:00 a.m.), and say very loudy, "I have to change physicians because I believe that Dr. _________ has been giving me substandard care....so do can I want to get my records today or do I have to call my attorney to get them?" :chuckle

I would be willing to get you won't have to wait 20 minutes....b/c they will do anything to get you out of there.

Sometimes, you just can't be nice.

[lucky1RN]

A 2 minute Google search and I found this...

http://www.healthprivacy.org/usr_doc/PrivacyRights.pdf

You can look over the website (healthprivacy.org) for federal and state laws regarding HIPPA and access to your records.

Good luck.

[feralnostalgia]

Making a copy of an entire chart would be a very time consuming process and most places charge for that service. To expect the office staff to stop what they are doing in the middle of seeing patients to do this for you is unreasonable.

if the doctor treated her the way she says he did then I don't think it's unreasonable at all to expect a bit of consideration from the staff. preeclampsia nearly killed my mother twice. for an OBGYN to misdiagnose that and then for his office to not treat her with extra care is pretty bad. they're lucky she's not talking about a malpractice suit for that. I'd give the lady her chart and a dozen roses if I was them.

[Lennonninja, MSN, APRN, NP]

I may be mistaken, but i thought that if i was changing providers, they would not have to copy the chart, only give me the original, because i will no longer be using their service. I read this somewhere..maybe i misread or misunderstood?

I believe they have to keep the originals of the records for approx. 7 years (this may vary by state) for their own office, this is why you can only get copies.

[kellyc034]

I don't know about the exact legalities of this as I am not a lawyer, but in my experience obtaining records for transfer it usually takes about 24 hours. I have gone into the office, signed a consent, and they faxed them to the new doc. It only took that long because when it isn't urgent, they said they wait until the end of business day when the office is closed to do all of the office/paper work type stuff. Now switching dentists, all I did was call them and ask them to fax my records to the new dentist, and it was done in about a half hour. On the other hand, I had to get my mom's record from one hospital and hand deliver it to another because of several requests and it not being sent. Not sure if this helps much, but I really think you should have access much sooner than they are telling you. Squeaky wheel gets the grease.

[Nursetastic]

I may be mistaken, but i thought that if i was changing providers, they would not have to copy the chart, only give me the original, because i will no longer be using their service. I read this somewhere..maybe i misread or misunderstood?

No office will turn over originals to you. If something comes up (ie: you suing them) they need your chart as well. Our office was famous for saying "You own the information, we own the paper". It was tacky, but it got the point across (one of many reasons I left). I worked in medical records in an office with 20 providers and we provided copies within 5 business days for non-urgent reasons, such as switching doctors. We would provide same day records if the request came from another physician's office, as long as we had a signed release on the other MD's letterhead and could verify the signature of the patient in our current records. Back in paper days, we would fax the past 6 months or a year and mail the rest. With electronic records, we created CD's and mailed them that day, with the option for the patient to pay for FedEx service if needed. Remember, it is not just about pulling your chart. Copying paper records is time consuming and there are other requests for copies ahead of yours. If you are not satisfied with the time it is taking, work up the ladder before making a scene.