Isn't it a HIPAA violation?

Question

Is it a violation for a diagnostic center (or a Doctor's office) to refuse to release your own information to you when you request it? (citing that they must first get authorization from the prescribing doctor and then when challenged to show a HIPAA rule citing that they must get authorization from anyone other then the patient the diagnotic center and/or doctors office they still refused? Then citing that I must hand write a request for release of my medical information that I must then mail to their HIPPA compliance officer who would then have to authorize my access to MY OWN RECORDS..

I am livid and ticked.... This all stems from a Dr.'s office wanting complete control and they are limiting my ability to get a second opinion trying to bully me and I am flaming ticked.

I have filed a complaint with the Dept of Health and Human Services through HIPAA but am curious if anyone else has had similar problems and what recourse/relief if any you got.

Thanks!

Ok maybe I didn't word it right.. I HAVE requested it from both the diagnostic center and the Doctors office and they refuse to provide it to me citing that the doctor must approve the release of my medical information to me. It seems to me that they can't do that, if they could they could pick and choose the information they want to give to their patients. That would be malpractice. And I am an adult, that was the other question posed

Answer 1

The purpose is to protect your medical information from going to 3rd parties (Insurance companies, lawyers, or strangers, etc.) without authorization from YOU first. It is not intended to keep your medical information away from you! You are always allowed your medical information. True, you need to sign a release form first. That's no big deal really. They want to protect themselves that YOU, indeed did authorize them to copy and release your records and where it went. So you cannot sue them later for releasing your information without your permission. Nobody has the right to keep your information from you. (If you are a minor, you may need your parent's authorization. Never a doctor's though) We actually give each patient a pamphlet on HIPPA to take home with them on their first visit.
Perhaps you dealt with a misinformed or new employee there.

EDIT: http://en.wikipedia.org/wiki/Information_Privacy_Laws see link here, read first paragraph: Data should be collected in accordance with the law.
Information collected by an individual cannot be disclosed to other organizations of individuals unless authorized by law or by consent of the individual.
Records kept on an individual should be accurate and up to date.
Data should be used only for the purposes for which it was collected, and it should be used only for a reasonable time period.
Individuals are entitled to receive a report on the information that is held about them.
Transmission of personal information to locations where "equivalent" personal data protection cannot be assured is prohibited.

Found this one online too:
http://www.hhs.gov/ocr/hipaa/consumer_summary.pdf
Read the right side of the page. The very first item requires health care providers and insurers to provide you with copies of your records.

Print that out if necessary and show it to them.

Good luck

Answer 2

It is a HIPPA violation. You have the right to your medical information. Only 3rd parties have to have written permission from you to get the info. They absolutely should be able to provide you a copy of the HIPPA law if they don't that also is a HIPPA violation.

Answer 3

i'm a scientific biller ( 10 years of scientific journey) and a junior in well-being administration.i don't understand if a lost chart easily could be a HIPAA violation. it quite is often available that it quite is in the place of work and only not the place it is going to possibly be, i might think of that clerical errors like this would not be a HIPAA violation. some thing that became easily achieved intentional or if the chart became taken outdoors of the place of work and lost then i might think of it would be a HIPAA violation. desire this facilitates some.......

Answer 4

i believe they are right in not releasing the informaion to you. the tests were ordered by your dr. and he/she is their only contact. You need to contact your dr to get the information you want.

if you want a second opinion you need to see a different dr who will want to see the results of your last tests or they will order the same tests redone and give you his/her opinion.

If you want the test results, request them from the dr not the lab.