Showing posts with label Legal Rights. Show all posts
Showing posts with label Legal Rights. Show all posts

August 28, 2012

The Trip to Obtaining Your Medical Records

Now that you are ready to obtain copies of your medical records, make a list of each doctor, period that you were a patient of this doctor, and whether the doctor is still alive or still in practice. Then make a list of medical labs you have used or that your doctors has used, whether they are still in business or not, and locate their address. The purpose is if your doctor is deceased, you may need to contact the labs for test results. Not the best solution, but this may be all that is available to you.

To obtain copies of medical records, you have to be the patient, or the parent of a minor child or the legal guardian of the patient for whom you seek medical records. If you are a caregiver, you may be able to obtain medical records if the patient has provided a legal medical power of attorney to the provider. Verbal authorization generally is not sufficient, but may work for some providers for a limited time. Forget about inquiring or obtaining medical records for your spouse, children of legal age, or parents without legal authorization.

The US Department of Health and Human Services provides background information to help you understand who may, or may not, be able to access your medical records. Providers are required to follow the state rules in which the records are kept. Generally, this means for an adult medical records are kept six or more years. Most children's records are kept three to 10 years beyond the age of 18 or 21. It is always wise to contact the provider to see if the records are still available.

Your doctor or provider is required to share any notes or records they have created or any test results which they have copies. Any information provided to them by another doctor is accessible if that information was used for the diagnosis or treatment being discussed with you. Diagnostic lab tests are a little more complicated, as blood tests, CT scan, x-rays, mammograms, or other tests should be requested from the doctor who ordered them, or from your primary care physician. In most states, the lab will refuse to provide them directly to you. For other records such as hospital records, clinics, or any other medical facility, be sure to request the copies directly from them.

When it involves mental health and related records, this is an area where many doctors will refuse you access. If they do, they must make the reason for denial clear in writing.

Many patients unfortunately believe they or their legal representatives are the only ones that can get copies of their medical records. This is false; there are people that can legally gain access to your medical records without your permission.

When you request copies, most practices, offices, or hospitals will have a form to complete to receive a copies of the requested medical records. They normally will send it to you by fax, email, postal mail, or you may pick it up from the doctor's office. If the facility does not have a specific form, you may write a letter, but be sure to include the following information:
  • your name, including your maiden name (if applicable)
  • make sure that you date the letter for the date of delivery if possible
  • your social security number
  • your full date of birth
  • your complete address
  • your phone number or cell phone number
  • the list of record(s) being requested
  • the date(s) of service when you were under this doctor's care
  • delivery method preferred – pick-up, fax, email, or other method
  • your signature
Deliver the letter or mail the letter to the doctor's office. If you deliver, record in your own records the date the date of delivery and it might be beneficial to have a second copy that the person receiving the letter can sign, date, and show their title.

Now we come to the problem of gettingrecords from a doctor that has sold out, merged into another practice, or had simply left the practice (whether died, quit, retired, or another reason).

If your doctor has left the practice or sold the practice or it was combined with another practice, then the new practice should still have your records. If this is the case, follow the same procedure above as if the doctor was still working in that practice.

If your doctor is no longer in practice, or for some reason you cannot locate the doctor or office where you think your records should be, there are some steps you can take to locate your medical records. These steps include:

1. Contact your local medical society. You may be able to look up the phone number online or in the phone book, or you may find the contact information you need through this list of medical societies in each state. You will need to drill down by state to your local society.
Someone at the medical society should be able to let you know what became of your doctor's practice, and will possibly know where the doctor's records are being housed. They may also be able to tell you how to get copies if the procedure will vary from the basic procedure described here.
2. If your local medical society does not have the information you need, then contact your state medical society association, as per the list linked in #1 above.
3. Finally, if the medical societies cannot help you, then begin contacting other practices of the same specialty in your area. Some doctors will ask other practices of the same specialty to house their records when they close their practices. The idea is, that if your doctor is not in business any longer, then the other specialist might want to pick you up as a patient.
Simply call the office of each of the other same-specialty doctors and tell them, "I was a patient of Dr. ____'s. I am hoping to find my medical records. Can you tell me if Dr. _____ gave them to your practice?" If they say yes, then ask their protocol for getting your copies. If they say no, then ask if they know where those records are being kept. If they do not know, then call the next same-specialty practice and ask them the same question.
4. Finally, if none of these possibilities work out, contact the hospitals in your area. Unless you can determine a better department, then try Human Resources. They may know where your records are being kept.

Keep in mind that when your records have been housed elsewhere, they will be difficult to retrieve unless they are among the minority of records that have already been transferred to an electronic health record. For that reason, you will very likely be charged for the copies you want.  Learn more about how much you may have to pay for copies of your medical records.

August 27, 2012

Your Rights to Obtain Medical Records

This is a topic I started in November2010, and you may review it here. Georgetown University maintains a list of states and the rights for patients in each state that may be in addition to your rights under HIPAA. Please take the time to review the rules for your state, as these are important and can sometimes answer many questions. There is a lot of information available on obtaining your own medical records or those of your minor child. In some states, once the minor attains the age of sixteen, parents may have limited rights.

HIPAA (Health Insurance Portability and Accountability Act) of 1996 created a lot of privacy, but also mandated that covered entities must provide you with copies of most of your medical records. Of course, they may charge you a reasonable fee for them. Some doctors, hospitals, and insurance companies do their best to wear you out as a way of discouraging you and prevent themselves from providing the records.

If you are denied access to your medical records, then you must take steps to obtain them. I will provide the steps necessary, as I understand them. You need to check them and follow them carefully and then if you are denied, you need to file a complaint.

The steps you need to follow are not that difficult, but for many, it can be a nightmare if you meet with rebuffs at every step.

1 - First, make sure you have a right to the records. This is not always as easy as this sounds. Even your own records may become unavailable to you and beyond your legal reach.
2 - Second, be sure that you follow the right steps and procedures for obtaining your medical records. You will need to sign in person the request and follow directions. So make sure you listen to what you are told as this can take several days or even a week or more depending on where the records are kept and personnel available. Most entities will not accept a phone call, and will ignore these requests.
3 - Third, be sure you have made the request from the correct facility. Do not go to the clinic for hospital records. For outpatient records, you may have to ask the doctor who keeps them.
4 - And fourth, have you waited long enough? This is where the state you live in can determine the length. Federal law mandates the longest wait they can delay giving you your records at 60 days.

Many walk-in clinics and places that do not file for insurance reimbursements are not considers covered entities under HIPAA and as such not required to give copies of medical records. Be sure to ask even then as a few will as a courtesy. Be prepared to pay a reasonable fee.

Once you are sure you have met all requirements and are still being denied access to your medical records, you will have 180 days to file a complaint once you are denied. This complaint must be filed with the US Department of Health and Human Services. This information will be in another blog later.

For more explanation, you may want to read this reference.

March 6, 2011

How to Obtain a Parent's Medical Records

Disclosure: This is from reading and research, and I have no legal training.

This is a topic I started back in November 2010 and you may review it here. Georgetown University maintains a list of states and the rights for patients in each state that may be in addition to your rights under HIPAA. There is a lot of information available on obtaining your own medical records or those of your minor child, but very little for a parent. The above site can answer many of the questions for you depending upon the state your parent(s) or in-law(s) reside in.

Some are going to get tired of my repeating this, but it is so important. Talk with your parent(s) while they are able to make legal decisions and prepare the way legally for their care. If you are the only child or the trusted family member, make sure that you have copies of any medical records they want you to have and that if you do not, make sure that they have legal documents in place so that you can obtain copies when and if necessary.

In general, make sure that you have a right to the information before asking, HIPAA and each state's rules are very restrictive when it comes to parents records. Without a durable medical power of attorney (DMPA), you have no legal rights to their past records. Some parents try to make them available and may have some of their records and will give them to you, but without a DMPA you will get nothing from the doctor or hospital.

Even with a DMPA they generally will and do deny any records not associated with the current treatment or reason for hospitalization. And generally they are within their legal rights. So if you suspect something in the past and would just like information, forget it and they are not required to give you information if you are on a fishing expedition. However, if an accident some years ago may have a bearing on what is happening now, you have a right to ask, but expect some resistance until the records surrounding are reviewed. If they have a relevance you will be more than likely allowed access, otherwise you will not.

This is when many lawsuits happen because children want information they have no legal right to, but are sure they do. Judges are very good at abiding by state and HIPAA rules and not allowing nosy children to go on fishing expeditions. A few go the other way because the judge finds information that doctors or hospitals don't want made available that are relevant.

So if you are the trusted son/daughter or relative, know your legal limitations and rights. If the attorney that drew up the DMPA is available, be sure to talk to the attorney if you have questions. Also, a surviving doctor may know of something that will help you in the search for prior records that may be relevant and applicable to what is happening now.

Most of the time the DMPA will give you legal rights to all current medical records and you will have the right to ask for copies. It is the prior records that you may have little or no legal rights to see or get copies.

Then if your parent(s) for whom you have the DMPA is deemed to be capable of managing their medical treatment, your rights stop then. This is again an area of lawsuits when the doctor or hospital does this to get you out of the picture against the wishes or suggestion of the parent(s). So make sure of your facts and save all documents that may have relevance. I am not saying doctors or hospitals are trying to hide something or have done anything wrong, but mistakes do happen.