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????

[BrnEyedGirl, BSN, MSN, RN, APRN]

Read the above link,..there is nothing about obtaining medical records for emergencies. There is no way that I can call a PCP's office at 2am and expect to get medical information, it just doesn't happen. An attorney has to follow the same rules as everyone else, and face it, it takes more than 20min to even hire an attorney. If you need an attorney for a malpractice suit, then by all means hire one,.but it isn't going to get you copies of your records any faster.

I think part of your issue is that you're asking for your entire medical record with this doc,..if you just wanted your latest lab results, immunization record or xrays it would be much faster.

[nursej22, MSN, RN]

I'm not sure how useful your old record is going to be on your initial visit. Your new provider is certainly not going to read it during the time of your visit. And frankly, I'm not sure how your old record will change the care. Your provider will probably direct your care based on a thorough physical examination, and your history provided by you, not so much on data that was gathered at least a year ago.

[TiredMD]

- You have the right to obtain a copy of your medical record; you do not have the right to take the original, nor do you have the right to get it on the spot

- Many physicians are reluctant to release your records directly to you, because patients frequently don't understand medical terminology or misunderstand what they are reading. They prefer to send them directly to another physician so that there is always someone there to "translate" what is written. This is likely why they gave you the runaround the first time. Nonetheless, you do have a right to obtain your own copy, and you were right to press them on this point.

- The physician's office has the right to charge you a reasonable fee for copying the record. If you have a large record, it may be more than you are expecting. No, you can't take it to Kinko's and copy it yourself cheaper.

- Only an idiot would attempt to "sanitize" a record prior to turning it over. Altering a medical record will get your license pulled, which is the kiss of death for us. Malpractice suits are just the price of doing business these days, and are a minor inconvenience by comparison.

- Physicians don't worry when other physicians scrutinize their medical records. We don't offer opinions on the care provided by other docs, and we certainly don't recommend suing our colleagues. I doubt your current physician is worried in the way you suggest.

[lpnflorida]

If it were me when I went to my visit with a new doctor I would ask them if they would like copies of my former records and then sign their forms and have their office obtain them if they feel they would be helpful.

I just changed primary care doctors. I have not requested my old records, my new doctor did not feel they were necessary as I am able to give a health history and tell them what medications I am on currently. My new doctor has access electronically to any lab tests or diagnostics tests as I always have them done within my health care system .

Unless you are having a medical emergency I do not feel it is unreasonable that your records are being taken care of as you have mentioned. A medical practice has many patients and many requests.

We each wait our turn.

If your new doctor wants the records available they can request them and get them much quicker than you can.

[Equinox_93]

Do be aware that this is likely an issue regarding office staff, not the doctor. If the patient calls the doctor and tells them that his/her staff is holding this up- he/she may be VERY inclined to helping her get what she wants- and reaming the staff in the process. Often doctors don't know what is going on with their staff unless they get feedback. In many cases I've mentioned that office staff have been very rude and since mentioning it- I've never had problems with them again- and the physician was concerned enough to ask me at my follow up if I'd noticed a change in their demeanor. That may not be the case everywhere- but do keep in mind that the doc may be clueless if you're even contemplating doing something like publically saying the doc is offering substandard care if he/she really isn't just to get your chart....

[tvccrn, ASN, RN]

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

They didn't say it wasn't accessible, they said they couldn't copy it in that amount of time. Accessible simply means that it can be viewed.

[JustMe]

Medical records in any institution or physician's office are the property of that institution or office. Yes, it's your information but the documents belong to them. You have a right to access those records either from copies or to be able to sit down and read them. In the hospital it can be arranged for you to sit down with your medical record to read it. If you want copies there is a process by which you can optain those copies.

Because a medical record is a legal document, there are procedures to follow. Just because the information pertains to you doesn't mean the documents are yours personally. Hope this helps.

[Pierrette]

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).

HIPAA is the correct spelling.

http://edocket.access.gpo.gov/cfr_2007/octqtr/pdf/45cfr164.524.pdf

164.524 (b)(2) ...the covered entity must act on a request for access no later than 30 days after receipt of the request [for access to your information]...

Additional information in HIPAA specifies that under certain circumstances, the covered entity (your physician) may take an additional 30 days, but no more.

HIPAA sets the minimum privacy regulation. Your state may have tighter regulations.

Good luck on getting your information.

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

I am curious where you find this requirement?

[Mommy_of_3_in_AL..RN]

Thank you for all your advice. I went to the physician office today and requested my records and signed the appropriate forms. I also asked them why it would take so long, and as politely as i could, told them that was unacceptable, as my appointment is next week (and they are closed a half day on Fridays). The made a note to expedite the process, and were overall polite about it. Hopefully, i will be able to pick themup in the morning. The reason they said that it would take at least that amount of time is because they are all computerized and would have to be printed.