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can't get medical records


mari

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I made my first request (via fax) to this dr. on 6-5-07 and did not recieve a response. My second response was yesterday (via fax) addressed to administrator. Does anyone know the legalities of the length of time they are required to give me my medical recoreds? This is the dr. I was advised yesterday by workers comp. that his diagnosis in Cushing's. Thanks I really appreciate your advice. Take care Mari.

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Hi Mari,

 

I'm really terribly ignorant about the legalities of this, but it has been my experience that certain doctors' offices will require you to sign a written release before sending your test results to you. I believe that by law you are entitled to one free copy of your test results, however due to HIPAA regs I think it is sometimes difficult to get them. One doc's office refused to fax my results and would only send them via snail mail after I had signed a consent form saying they could release my results. To me!! DUH!

 

Unfortunately, it seems like they don't want to make anything easy on us! Best of luck...I hope they don't delay sending your results much longer!

 

Hugs,

 

Heather

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I made my first request (via fax) to this dr. on 6-5-07 and did not recieve a response. My second response was yesterday (via fax) addressed to administrator. Does anyone know the legalities of the length of time they are required to give me my medical recoreds? This is the dr. I was advised yesterday by workers comp. that his diagnosis in Cushing's. Thanks I really appreciate your advice. Take care Mari.

 

Mari--

Sorry you have to go through this. Make sure you have the right mindset: Those are your records, and you are entitled to them.

 

My advice? Go down to the office with your two faxes in hand. Calmly explain your request, the actions you have already taken to be in compliance with the HIPAA laws, and ask them to copy your file right away. If they try to give you the run around, tell them, calmly, that you will not leave or move from the window until they fulfill your request. If you still have trouble, you may say something like this: "Please just understand that I am only trying to access medical records that I am legally entitled to by the federal government. If I keep having problems with your office, you will leave me no choice but to report this doctor to the Department of Health and Human Services." The key here is to be as sugary sweet but direct as possible. These people have to know that you mean business, or they will send you crawling back into your continuous loop mode. don't let them get one over on you. You need these results to move on with your medical pursuits.

 

Now go get them girl! Let us know how things work out!

 

http://www.hhs.gov/ocr/hipaa/privacy.html

 

http://www.hipaa.org/

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Excellent advice all around....

 

May I add just one thing? HIPAA gives the physician's office 30 days to comply or submit a written reason for non-compliance, which gives them another 30 days, I believe. Basically, though, they have 30 days from your FIRST request (faxed should be fine) to fulfill this. The doctors/hospitals around here will not send them, though. I have to personally pick them up and show my driver's license to prove who I am, even if they know me!

 

Hugs...and good luck!

Robin

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They are yours and they have to give them to you, but they can charge you for copying all of them! I'd call them and tell them you have faxed two requests for your medical records so you were wondering if they had them ready for you to pick up yet. If they say no, then ask on which day they will have them ready. Don't ask them as if you are asking permission to get your records. They are yours to have! Have the mind set that you will get them, you just need to know which day is convenient to pick them up! They do need a little bit of time to copy them, especially if your file is very thick.

 

Gracie

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Mari

Did you send a letter or their form?

No matter what we have written for our requests, they always require their own form filled out.

So might be as simple as that.

I'm in agreement with Gracie. Call next and see if they are ready. If not, ask about the process and insure that all your ducks are in a row. Then, and only then, look into the compliance issue.

jules

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