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amirabal · Oct 21, 2009, 12:01 PM

We have a doctors office that is refusing to give patients their medical records what are their rights and what can they do to get them released over to the patient?

LearningAsIGo · Oct 21, 2009, 12:22 PM

Who's "We"?

Are you trying to secure medical records that are not your own? To have records, the patient must sign for them and present a photo ID.

amirabal · Oct 21, 2009, 03:55 PM

Our Doctors have branched out and started a practice of their own, and patients are trying to get their records to continue following our doctors and the patients Go to the old office and try to obtain them with record release form they are present and have a photo ID with them and they are refusing to give the patients their medical records.

J_9 · Oct 21, 2009, 03:55 PM

They may have to have the medical records faxed or mailed from the old doctor to the new.

amirabal · Oct 21, 2009, 03:58 PM

But the patient have the right to obtain their medical records if they are present and have a photo Id

J_9 · Oct 22, 2009, 05:50 AM

Not all doctors or facilities have that policy due to the sensitive nature of medical records.

amirabal · Oct 22, 2009, 11:12 AM

Hipaa has told me that the records are the patients records and as long as the patients is present with their photo id they should be released to the patient possible with a fee to copy the medical records, but they are not allowed to withhold medical records from that patients if all required documents have been given.

LearningAsIGo · Oct 28, 2009, 11:02 AM

Originally Posted by amirabal

Hipaa has told me that the records are the patients records and as long as the patients is present with their photo id they should be released to the patient possible with a fee to copy the medical records, but they are not allowed to withhold medical records from that patients if all required documents have been given.

Legally, patients medical information is their property, but the paper its printed on is the doctors property. As silly as it sounds, all that means is doctors can legally charge a small fee for printing, but they cannot withhold the information. There are some minor exceptions, particularly regarding mental illnesses, for example.

Its possible that some of your patients are not willing to pay a fee.

I would suggest contacting the office for your patients to obtain their records - they cannot charge your office to send that information. In fact, it would be better customer service if you provided that service yourself. I have never been asked to get my own records for another doctor - they always make the request themselves.

I work in a medical office and we obtain those records without involving our patients.

If your patients want their own records to keep, from that other physician, they should deal with them exclusively. If your physician needs those records, you can get them without involving the patient.