There'a new trick in town and it isn't pretty. In an increasingly competitive fertility field, now some docs are telling their patients that if they want to change docs, they can, but they won't release their medical records, so all of the money they've spent on tests, etc, will be useles.
Quite simply, it's dirty pool and I don't like it.It's a form of bullying, intimidation and manipulation.
Oh yeah, I almost forgot. It's illegal.
The Health Insurance Privacy and Portability Act is run by the the Health and Human Services department, which says, “The Privacy Rule gives you, with few exceptions, the right to inspect, review, and receive a copy of your medical records and billing records that are held by health plans and health care providers covered by the Privacy Rule. The Privacy Rule permits the covered entity to impose reasonable, cost-based fees. The fee may include only the cost of copying (including supplies and labor) and postage, if the patient requests that the copy be mailed. If the patient has agreed to receive a summary or explanation of his or her protected health information, the covered entity may also charge a fee for preparation of the summary or explanation. The fee may not include costs associated with searching for and retrieving the requested information.”
• Here is the Link to the Health and Human Services Page
http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/medicalreco...
• Here is the Link to the legal document itself 45 CFR 164.524 that focuses specifically on access to medical records.
http://edocket.access.gpo.gov/cfr_2002/octqtr/45cfr164.524.htm
If the office does not comply, a gentle reminder that the Health and Human Services department has an office of Civil Rights which may impose a penalty on a covered entity for a failure to comply with a requirement of the Privacy Rule. Penalties will vary significantly depending on factors such as the date of the violation, whether the covered entity knew or should have known of the failure to comply, or whether the covered entity’s failure to comply was due to willful neglect.
Your doctor's office cannot keep you from having your medical records. If you decide to leave, I would ask them what the process is, and what paperwork you need to fill out. I would pick up the paperwork in person, fill it out, copy it and send it certified mail.
