Can a provider withhold medical records?

Question

Can a dentist's office (or any medical care provider for that matter) withhold your records if you owe them a bill? What if you are making monthly payments on that bill? Are there different rules from state to state? (I'm in Texas, in case it matters.)

Thanks...

Answer 1

HIPAA requires health care providers, health plans, and health care clearinghouse to allow you access to your medical records. Notices you receive from providers and plans must include information about how you can obtain copies of your medical records.

In addition to HIPAA, about half the states have laws that allow patients or their designated representatives to access medical records. Laws usually allow health care facilities to charge a "reasonable" fee for copying records.

If you receive care in a federal medical facility, you have a right to obtain your records under the federal Privacy Act of 1974 (5 USC sec. 552a, www.usdoj.gov/foia/privstat.htm)

We advise that you make your request in writing. For a sample letter, see www.privacyrights.org/Letters/medical2.htm. If you are denied access, you can file a complaint with the U.S. Department of Health and Human Service's Office of Civil Rights. Your state's medical privacy law might also enable you to file a complaint with state regulators.

To become better informed about this initiative, visit these web sites:

Government resources:

U.S. Dept. of Health & Human Services (DHHS) information technology page, www.hhs.gov/healthit
The DHHS's creation of the American Health Information Community, AHIC: www.hhs.gov/healthit/ahic.html
DHHS Secretary Leavitt's announcement of funding for development of standards for electronic health records: www.hhs.gov/news/press/2005pres/20050606.html
Patients' rights resources:

Patient Privacy Coalition: www.patientprivacyrights.org
For more information

HIPAA

U.S. Department of Health and Human Services
Office of Civil Rights
200 Independence Avenue, S.W.
Washington, D.C., 20201
Phone: [phone]
Web: www.hhs.gov

Read PRC Fact Sheet 8a, "HIPAA Basics: Medical Privacy in the Electronic Age," www.privacyrights.org/fs/fs8a-hipaa.htm.

Answer 2

Every state I know of prohibits medical practitioners from withholding patient records. Thay do however, permit them to charge a reasonable amount for providing the copies.

Answer 3

They technically can hold the record for non-payment. The records are proof of services rendered and if those services weren't paid for then they don't have to give them to you.

However, if you are making monthly payments, they should be able to work something out (if they are helpful). The only records they can give you back without any terms attached to it, are records that you gave them to include in your file.

Answer 4

Actually, records belong to the office, not the individual.

That being said, they cannot deny you access to your medical records if you give them a.) a written and signed statement requesting the records, b.) a reasonable amount of time to reproduce the records, and c.) you pay their records fee. (Beware: office can charge you what ever they want, and it is not uncommon to see $1.00 per page, or even more).

Answer 5

they should not be able to withhold them for a past due bill for treatment, but they are allowed to charge you for the copies, and they are allowed to require prepayment for the copies before they release them to you

oh, and the hippa laws can tell you more about this if you need it - hippa should be capitalized like an acronym, but my caps lock is broken, lol

Answer 6

no they should not be able to hold the records. records belong to a patient and not to the office. i will remind them of that when you call for them.