Law question?

Question

I have a problem and I was wondering if anyone could give me some advice. Here is my problem: I'm tring to get my daughter's shot recorders from the doctor's office that I use to go to. Which now I've changed doctor's and I was tring to get the recorders from the old doctor so I could give them to the new doctor. But the problem is my old doctor will not give them too me because I have a bill with them still. I don't see why they can't give them too me. Isn't it illegal to with out that information? I mean my faughter is only going to be a year old and I need to shot recorders from my old doctor and they won't give them too me. And I've always thought that it was illegal to with out information from some one. I live in Philadelphia, PA if that help anyone to answer my question better. I really need some advice on what to do. I really don't want to get involved with a lawyer and all. Thanks.

I'm willing to make payments to get the bill but they told me that they won't allow that. They want all the money up front. And I really can't afford it and plus none of this would be happing if the insurance my daughter was on was changed to a different insurance and that is when all the problems started.

Answer 1

I actually spent some time looking for this answer, because it seems that there should be a clear answer. As far as I can tell the governing regulation is the Health Insurance Portability and Accountability Act (HIPAA). This is a federal regulation so even if Pennsylvania has a similar rule, the PA rule can only give you more protection not take any away. HIPAA was devised for the most part to protect patient privacy, but it does also cover a patient (or parent's) right to access his or her medical records.

Basically, medical care providers are required to provide copies of records in a reasonable time and for a reasonable copying and mailing charge. It doesn't say anything about being able to keep the records in exchange for paying a past due bill.

The Privacy Rights Clearinghouse has a sample letter on requesting access to your medical records online at http://www.privacyrights.org/Letters/medical2.htm.

I'd avoid threats about lawyers or anything like that, because if it were me it would irk me that you would pay a lawyer but not the doctor.

Answer 2

Your medical records belong to you (or your daughter's belong to you. You may have to pay a reasonable copying fee to obtain a copy of the records and they won't be happy helping them get them for you. You can ask your current doctor to get them for you. This will affect your relationship with your new doctor and you will probably have to 'pay as you go' based on your payment history.

Before the old doctor turns you over to collection (when you will be responsible for payment of more money including attorney's fees), why don't you call and set up payment arrangements? Tell them what you can afford to pay, be it $5.00 dollars a week or whatever. That would be the honorable thing to do. And don't think the doctor can afford to eat the fee, most doctors aren't rolling in money and have heavy debts from medical school.

Answer 3

Generally, a doctor is obligated to provide copies of records regardless of how much you owe, but it does depend on the laws in your state.

My advice would be to talk to your daughter's new doctor and ask him or her to help you resolve the issue with the old doctor. If that doesn't work, you may need to seek out the advice of a lawyer in your area. You may qualify for free legal advice from a local legal aide office.

Good luck!

Answer 4

Tell your new doctor that the old one has all of her records and sign a release form. He will (or should) contact your old doctors office and get the records released. The old doctor is Legally bound by law (I think) to release these records to your new doctor. BUT You may also tell this old doctor that if he DOES NOT release the records to you personally, then you will seek legal council as well as council fees. Then take it from there. I think he will release them after this information on your intentions. If not then be prepared to file the legal paperwork.

Answer 5

In what state do you live? Many states have rules concerning the release of medical records for patients.

Generally, the records belong to the physician, but physicians are REQUIRED to release the patient information if so requested REGARDLESS of the past due accounts.

However, they can charge a reasonable fee for the records before releasing them. Usually it is limited ($25 for the first 50 pages, $0.15 for every page thereafter). The source below link to rules for the release of medical records in Texas. (copy and paste into your search engine)

Advice: saddle up and prepare for a confrontation. Download a copy of the rules for release of medical records in your state to take with you. Explain FIRMLY that if they do not release the information promptly (with the reasonable fee), you will report the physician and his staff the Medical Examining Board of your State. And do it!

Any one or office who so blatantly disregards the rules like this will not cooperate unless you place the dang'd law in front of their face. Best of luck!

Answer 6

What do you think the doctor, to whom you owe money to thinks? Here is this person who has an outstanding bill. She is asking for information. Should I release it, and never see her again? Or is this a way to get her to pay her outstanding debt? Aren't you being unfair to the doctor not to pay his bill, and yet ask him to assist you in forward the shot records. Grow up!

Answer 7

You need to pay off what you owe first, I would have to side with your old doctor on that. After you pay what you owe, then there should be no problem getting your child's records.