Dr says I cannot have a copy of my medical records?!
Question: I've seen a Dr for the past 4 yrs, and have now moved to another city. I called to request a copy of my records from my Drs -one for myself and I'll bring a copy to new Dr's once I find them.
The secretary at this Dr's office, a psychiatrist, says the Dr doesn't ever give a patient their records, but will send them to a new Dr; that is 'her policy'. I requested she ask and call me back. She said she will, but the answer will be no.
I'm a nurse and have always been told that a patient has a right to any of their records. In fact we usually encourage a patient to keep a copy.
I can't say I know the actual law if it's different in psychiatry, or some recent law change that might say it's up to the Dr's discretion. Does anyone know?
I'm aware that I would have to pay for the copies. This is in Louisiana, by the way.
Why would a Dr be so secretive? Any suggestions as to what to do if she calls me back and says no?
She is still my Dr so I hate to have to insist, if I'm actually can.
Answers: I've seen a Dr for the past 4 yrs, and have now moved to another city. I called to request a copy of my records from my Drs -one for myself and I'll bring a copy to new Dr's once I find them.
The secretary at this Dr's office, a psychiatrist, says the Dr doesn't ever give a patient their records, but will send them to a new Dr; that is 'her policy'. I requested she ask and call me back. She said she will, but the answer will be no.
I'm a nurse and have always been told that a patient has a right to any of their records. In fact we usually encourage a patient to keep a copy.
I can't say I know the actual law if it's different in psychiatry, or some recent law change that might say it's up to the Dr's discretion. Does anyone know?
I'm aware that I would have to pay for the copies. This is in Louisiana, by the way.
Why would a Dr be so secretive? Any suggestions as to what to do if she calls me back and says no?
She is still my Dr so I hate to have to insist, if I'm actually can.
I believe psychiatry is different and only transfers from doctor to doctor. Even though your record may not reveal anything surprising to you, there are a lot of psychiatric disorders where this could cause major problems....ie: paranoid schizophrenic. Check it out with the state you live in and the laws to be sure.
I don't know the law, but always thought you had that right. It is about you and you should be able to view any of your records.
Check with the state licensing board. They should be able to give you the definitive answer. If they are required to provide a copy, and refuse, file a formal complaint.
Psychiatric records are probably not important to saving your life, so there may be privacy issues involved.
Plus the Doctor may have written you're a hypochondriac and imagining your problems, etc., which may be unpleasant for you to read. There is no reason I can think of for having your own records other to sue the Doctor and that's probably what they're thinking too.
Most all doctors are like that.. That makes me even more suspicious of these correctors.
No, you should (under almost all circumstances) be able to get a copy of your records within 30 days. Look up a law called the health insurance portability and accountability act. It's federal law, and does not depend on what state you are in.
I had a doctor like that once he was a jerk and he was being secretive, he gave me such a hard time getting my records it was like he didn't want to give them up. I found out he was trying to hide things because he made a mistake during my treatment, so I would be a little curious if I were you! Legally any medical record is yours because you paid for them by going to the doctor in the first place, and I think its the same for any doctor. When you get the records make sure you read them really well to see if they made any mistakes. Call your doctor's office and tell them you want a transfer of records paper so you can have them sent to your new doctor and just send them to your address and if worse comes to worse just have them sent to your new primary care physician. Good luck I know how you feel!
Required to under HIPAA. Call them and tell them you'll go the the licensing board. You have a legal right to your records, although what's in them may not be pleasant for you since they are for a psychiatrist.
It may be due to confidentiality reasons.
for now I would request they be sent to the other dr. and then ask your new dr for a copy.
Then pursue if she was legally allowed to deny you --if you still want to know.