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    drdo's Avatar
    drdo Posts: 1, Reputation: 1
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    #1

    Mar 27, 2008, 11:32 AM
    Hipaa pertaining to release of medical records
    Our patient's attorney is requesting all medical records. We do not release records we have obtained from prior providers. Are we obliged to send other provider's records? This is a large chart with prior provider's records.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 27, 2008, 11:49 AM
    If the patient has authorized the release of ALL records in your possession then release them. If the release referred only to treatment you provided then don't.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Mar 27, 2008, 01:57 PM
    If your patient's file is quite extensive and you are charging the attorney by the page for these records and the cost of these records is going to be over $100 say, I would call up the attorney's office and inform him of the charge being so high due to the voluminous pages. Sometimes the attorney's office will pay for the entire file regardless of just how much it is. This way when the bill arrives at the attorney's office with the file there will be no surprises.

    Years ago, if my records were requested at one doctor's office, it would have cost in the $300-$400+ range as it was 3 huge bulging files plus a bunch of x-rays, etc. MRI scans, etc.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 27, 2008, 03:28 PM
    I would say that a doctor office should have their own attorney on retainer, and as such if there is a question on records or legal advice as to what a doctor does, they should consult their own attorney.

    I would say this is all that parents records, but a properly signed release from that patient has to be received. And personally I would verify it is their actual request.

    And as noted they are liable for the costs of the copies of all of the files. The last time I got a complete record, it was around 300 dollars or so also.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #5

    Mar 27, 2008, 06:47 PM
    If the attorney requests your medical records you are to provide him with what you have. That includes the other care providers records. HOWEVER, since I don't know the case personally, it may be in the best interest of your office and the attorney if you contact the attorney and let him know that you have the records of Dr. Smith, Dr. Jones, and Dr. So-and-So. The reason being is that he may have already requested the records from those doctors and he may be charged again for what he already has.

    If he does not have those records, and wants them, he will most likely send a request to those doctors. Yet, if he wants EVERYTHING in your file, you must provide it, at a cost of course. If the records requested are not provided, the attorney has the right to subpoena them and then you will have no choice but to provide them.

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