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Re: Am I entitled to ALL my records?

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Re: Am I entitled to ALL my records?

Mike Tyner26 Jan 2007 00:07
> Of course, you must have the release signed by the patient before you
> release the records to another doctor.  Rules is rules

Yes, but that isn't one of the rules.

It was politically necessary to call HIPAA a "privacy act" but it REMOVES
more barriers than it creates.

Specific authorization may NOT be required, if and only if:

1) The release of information is for the purpose of treatment, payment, or
"health care operations" and

2) The provider's posted HIPAA notice (which every patient must acknowledge)
includes the statement that information may be released for these purposes
(most do) and

3) The patient has signed an acknowledgement that they have had an
opportunity to read the posted policy and

4) The patient has not opted for special restrictions also provided by the
posted office policy.

IOW... my posted HIPAA notice says unless people tell me otherwise, I MAY
release "protected information" for purposes of treatment, payment, or
health care operations.

HIPAA doesn't mean I can give out information indiscriminately, but it DOES
allow me to give prescriptions to an optician in Timbuktu without you
signing another form.

HIPAA reduces privacy but it also reduces paperwork and provides legal CYA
for communication that MUST take place in electronic third-party payment.

About all HIPAA did to _increase_ privacy was to define terms, and to
declare formal penalties for violations.

Most importantly, HIPAA did NOT create or fund the huge regulatory body that
would be necessary to actually enforce any increase in privacy.

-MT

Scott Seidman25 Jan 2007 13:25
> At our office, if another *doctor* requests the info, I will usually
> do it for no charge -- provided we are talking about something less
> than 5 pages.  Or if a patient/doctor wants just her last exam sheet,
> I will typically do it for free.

Of course, you must have the release signed by the patient before you
release the records to another doctor.  Rules is rules

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Scott
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Anon E. Muss25 Jan 2007 06:03
>Would it be reasonable to request all my RGP contact fitting
>information from my previous doc, including topographies?

Yes.  Be prepared to pay a "reasonable fee" for that service.

>I'd like to just walk in there and get them, but I'm not sure if
>they'll give me trouble.

They may or may not just give them to you if you walk in there
unannounced.

My advice would be to call them and state you need copies of them and
ask them how long/much it would cost.

At our office, if another *doctor* requests the info, I will usually
do it for no charge -- provided we are talking about something less
than 5 pages.  Or if a patient/doctor wants just her last exam sheet,
I will typically do it for free.

If the patient has a large chart and wants the whole thing, I charge
-- I don't recall what the fee is, but it is something like $2.00 a
page.  If there are colored pages/photos, imaging results, then it is
more.

>I wonder the same about general medical records actually.  Can I walk
>into the hospital and just say "give me my file"?

You are entitled to your medical records -- just be prepared to give
sufficient time and be prepared to pay for it.  You are not
necessarily entitled to everything in your chart, absent a subpoena or
court order.  For example, there may be notes in your chart (e.g.,
"patient is a pain in the a.s") that are not part of your exam
findings that you would not be normally entitled to.

Charles24 Jan 2007 13:46
Would it be reasonable to request all my RGP contact fitting
information from my previous doc, including topographies?  I'd like to
just walk in there and get them, but I'm not sure if they'll give me
trouble.

I wonder the same about general medical records actually.  Can I walk
into the hospital and just say "give me my file"?

--

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