Dr's denying your medical records
 

Hi everyone.. Hope everyone is doing well and hopefully having a pain free week. O.K., here's the deal, I have had 2 things happen to me in the last 2 weeks and I need to know if anyone has experienced these.

1. My Primary is denying me copies of my records because they wanted to know why I was asking for them !! Is that possible ?? I did suggest that if they wanted to charge me a "reasonable"fee that would be o.k. But, the Dr's wife got so ****** when I said "Is there a problem with me requesting in writing (which I did already ) a copy of my file ?? She said she would speak to her husband, and he said no that there is no reason for me to have them !! Has anyone ever had this happen ? And if so what did you do.

2.I had an MRA with Dye Contrast last July 06.. showed a subclavian compression on the right side of my jugular and a narrowing of the space at the brachial plexus ( when the right arm is raised ) and so on... Well, I had another MRA done at another hospital 2 weeks ago and it reads everything is NEGATIVE.. can a comrpession just go away on it's own or did they do something wrong ??? I am sooo upset, because I KNOW that the pain is still there.. and I am trying to find Dr's in my area that know about TOS but don't want to treat !

Sorry this is so long but I am so frustrated and hurting that my week has been hell ! Hopefully you guys (which all of you are sooooo good ) can help me...:D

Again.. Hi to everyone, anyone that had surgery or pumps or anything... GET WELL SOON !

Hugs,:hug:

Dolfinz

I'm not sure if this is a federal or state thing but here in Texas, it's my understanding that patients are legally entitled to copies of all their records, test results, bloodwork results,etc. I've never had a problem getting mine. Now, I know that some drs. offices will charge you to make copies but I've never had to pay any of mine. Also, they definitely charge if the requests come from insurance cos.,etc. where they might have to copy your whole file which can sometimes be VERY long- my file records at my PCP's office look like "War and Peace".....So, it may be that different states have different laws- maybe someone else will know more about what's what in different places than I do.

Dolfinz,
 

I'm not that up on the law, but I was under the impression, that we are all supposed to have access to our medical records.

good luck to you. :) phoebe

Hi Dolfinz,
As far as I am aware you are allowed copies of your medical records. You may have to sign a release for them and pay for the copies. I did a Google search and came up with many laws including federal that say patients have rights to their medical records.

I found this on lawyers.com. http://personalinjury.lawyers.com/Ac...l-Records.html


For a variety of reasons, you may one day need copies of your medical records from treating physicians, hospitals or other health care providers.

Like most other records and documents that record your personal information, such as school transcripts and records, motor vehicle owner and operator abstracts, military service records and even criminal and arrest records, you have a right to access and obtain copies of your medical records. But, how do you access them?

You may have heard you have a right under federal law to access your medical records. The Federal Privacy Act of 1974 regulates the handling of health-care information by federal agencies. Which means you have a right to access those medical records in the custody of a federal agency.

In addition, new privacy regulations issued by the federal Department of Health and Human Services require health care plans, doctors, hospitals, clinics, nursing homes and other covered entities to provide you access to your medical records within 30 days.

The state law in the medical service provider’s location tells you how to access your medical records. If you live in Iowa, but want medical records regarding an operation you had in a hospital in New York, you will have to consult New York’s law to learn how to access your records. You can do a search by state or area of law. Most can be found under a section using a keyword such as “health.”

Obtaining a copy of your medical records isn’t as easy as showing up at your doctor’s office or the hospital’s front desk with a hand full of quarters to photocopy them. There are a few things you should be aware of and a few simple procedures you can follow to make it easier to get a copy of your medical records.

What to Ask For
“Medical records” is a general term for all, any, some or only a part of the documentation you may want. Many times a patient’s hospital record will reflect the mandatory reports for services and procedures performed by third-party providers. (Anesthesia, private nurse, specialists/consultants, special therapies, etc.) But the hospital record may not contain a complete copy of that provider’s own detailed records which may include their notes, charts, observations, etc. A chiropractor’s records may contain a detailed summary report from an MRI diagnostician, but not necessarily the films and charts. The treating physician’s records will contain any prescriptions written for a patient, but not the pharmacist’s records of a patient’s history of consultations (that log book you sign when you pick up your prescription) containing complaints of side effects and other drug interactions. These records may have to be requested separately from that service provider.

Where to Get Your Medical Records
A large hospital or a busy medical practice can handle a countless number of patients. So finding out exactly who to ask can be as easy as turning to your phone book. Call your doctor’s office or hospital patient information representative and ask who to address your request to. Many large medical practices and hospitals employ a service to maintain and archive records or have a separate department (not always located at the same address as the hospital or physician’s office) A request to “Hospital, Main St, Town, NY” can result in delays until it gets (if ever) on the right desk.

Requesting Medical Records
Even if you can be accommodated on the same day by visiting the provider in person, you most likely will have to sign a release verifying that a copy was provided to you. So once you find out who and where to get your records from, your best bet would be to write a letter requesting your records..
http://personalinjury.lawyers.com/Ac...l-Records.html

Many Hugs :hug:
Dawn

positions that bring on symptoms
 

Hi Dolfinz
 

Here's a link that verifies that both the HIPAA Privacy Rule (federal) and the state of Massachussetts specify that you have a right to your medical records:

http://209.85.165.104/search?q=cache...lnk&cd=1&gl=us

Good luck figuring out the MRA discrepancies....Could it be that at the second hospital they weren't familiar with how to do MRAs for TOS??

This happened to me but because the Dr. didn't write up the treatment notes and they didn't want me to have my records.

They said I never came in, funny I have my parking receipts and they billed my insurance. I had to call my attorney and he told me of a statue that requires them to give copies of records within 30 days of the request and they can charge a small fee. After the Office manager left me a message that I didn't have any records to copy because I never came in, I was irate.

I went in the office and calmy asked for a copy of my records in person and I was told again the same story, I dropped the statute on them and said I'd like to speak to the OM and if she was busy she could contact my atty when she had time to get the documents together. Then I was asked what I wanted a copy of, I said everything that's in between the folder you have it in. Hello? Funny thing is that the Dr did write up come notes on my medical history just not on a treatment sheet or a report. Losers! Now I ask for a copy of everything before I go and call back in a week to ge the report sent to me as well. Go get em tiger

It almost makes me think your dr is hiding something - like bad notes or a failure to write notes???
Or he is just a jerk and trying to act higher than thou???:eek:

If you were to change drs he would have to send the file to the new dr correct??

I must say I was very disappointed at the sloppy writing and lack of details that I know I had told to my dr! She did not write many of the symptoms down that I know I told her about or she just skimmed over it and did not follow up.
but I waited too late to ask for my records to be of any help in my case.
If I had known sooner that she was in over her head I could have changed to a better dr.
But i was just learning about TOS at that same time too - but I was learning and researching - she did not and so could not help me much....

Here's My Take...
 

hi, dolfinz,

well, looks like you've gotten some excellent responses here. you don't really need my input but when has that ever stopped me from butting in before?:D

on the records thing, the magic words you want to use are, and i would be very sweet and polite since he is your primary and presumably you want to keep him but he is just dead wrong here (probably an old school ********, would be my guess, having a bad day or showing off for the wife, who the hell knows?), anyway the phrase to use is this: "...you are interfering with my continuity of care...[by refusing to give me photocopies of my own medical records my good man! now kiss my ****:winky:]"

i know this, because unfortunately the same damned thing happened to me when i was trying to get ready to go to denver for my rib resection. dr. annest had asked me to bring just the prior year's medical history with me (apparently he wasn't interested in 28 year's worth of nonsense, who could blame him?:)); all my other docs were more than happy to oblige but my now-ex PCP? had to call her office no less than 5 times over a 3-week period to get the damned records. i was getting ****** so i called a friend who is an ivy-league attorney type and he gave me the key to the kingdom (and would have gotten involved if necessary, as i was getting rather desperate at that point as my plane was about to take off...). turns out, to the detriment of her patients her office had been submerged in corporate paperwork because she was about to switch over to the concierge model of care (maybe that's a CA thing, don't know, don't care, who can afford that anyway?) but boy! did i feel personally abandoned at that moment as she took absolutely no interest in the fact that i was about to go under the knife in a different state, surrounded by strangers and i couldn't get so much as a return phone call from her. she'd been my PCP for years, but i had to spring her loose after that stunt.

anyhow, those few words sure did the trick. oh that and i may have said my next call would regrettably be to my attorney if i did not hear back from her office by close of business, since i had been more than patient and this WAS the fifth phone call over an exceedingly long period of time for such a simple request. but "continuity of care" is the legal term for what your good doctor and his lovely wife are messin' with, dolfinz. maybe they are ignorant of the law, but i rather doubt it. drs. have a way of thinking themselves above it all, you know. part of the god compex, i reckon:rolleyes:

i don't know that it's any of his concern why you want your own records. it's up to you entirely whether you choose to tell him why you need them, but if it'll smooth things over a little and make this go down a little easier for the old fart you may want to give him some hogwash in that department. totally up to you.

on the other thing, i think that's exactly why the MRI/MRA that collins does over at UCLA is so controversial, or one of the reasons, anyhow. depending on what day of the week a TOS'er is tested, you can get a different result using the same technology - nevermind a different machine across town read by a different radiologist!:eek:

so no, in my layman's opinion, anyway, it does not mean that anyone did anything "wrong" and certainly not (unfortunately) that your subclavian compression has resolved itself. i do know from dr. sheldon jordan that bruits can be heard one day and then not the next, and it's all rather mysterious even to highly-trained specialists like him. dr. fred weaver failed to hear my own subclavian bruits, or suspected them to be coming more from my cervical spine rather - he DID hear something; his own resident perceived them to be subclavian, though... so even the experts don't always agree on this.

my understanding is that there are only a handful of places in this country truly set up to test properly and do the MRI/MRA for TOS. LA is one, Denver has it, now Dr. Werner's facility up in Berkley i believe is another, perhaps a city in FLA or maybe TX and that's IT. i wish i knew more about this. i don't recall Boston being mentioned and i got this info from David Campion, my champion in Beverly Hills from New Zealand whom i trust to know these things, dolfinz. we all know how ignorant the medical establishment can be when it comes to TOS.

will any of them ever admit that? oh hell, no! they all say they KNOW what they're doing. but so few do, so very few really, really do.

i wouldn't read anything into it. if it were me, i'd probably ignore or discard the second test as useless; better yet have a TOS specialist write a report about WHY it isn't to be validated so that no one can use it against you later since you do have an ongoing claim. that is exactly what i would do, now that i think about it. with the competition being what it is, you shouldn't have much trouble finding someone to trash it i would think.

plus, it IS wrong. you know that, you live with the compression and you know it's still there! am i right? i'm right, aren't i! OK, send me $1.00. i'm done now...

alison

DOLFINZ, it does sound like they are hiding something from you! maby billing issues or something I have had doctors who said this is your file anytime you want to read it let me know and they would leave the exam room and let me read it or get all my medical records copied,so mine looked just like his/hers.

I would demand it sure you may have to pay a fee at times for printing it for you but to deny you your records is a NO-NO! they are hiding something I bet billing wise...

Hi everyone..

Red: I am sure that my file is huge ! I did offer to pay a reasonable fee.. and she didn't answer me back...

Phoebe: I thought we were allowed to veiw them also.

Dawn.. Thank you for researching that for me..

OC girl: Yes they did put both of my arms over my head, I told the tech that my right arm in the overhead position creates the narrowing, but she said she knew what she was doing..The last one in July 06, I only put my right arm overhead...

Stardust.. I am hopefully going to get answer sometime this week, The Doc that ordered it is on vaca till after the 4th..

Withmore.. Ya know, I feel like they are hiding something. When I went in to sign the release about 3 weeks ago, The Doc says to me "Oh, are you still taking Robaxin ?(while looking at my records) I said Doc, I haven't been on Robaxin for 1 year ! I looked at the bottom of the folder and he had meds written down that I was still on that were from a year ago ! Right there I thought something might be up... Nice updating on my charts ! Now I can't wait to see what I get ! Thanks for the info.. it helps to know that other people have gone thru this to.

Jo: Like I said to Withmore.. I do suspect something.. The Doc has never believed that TOS exists anyway.. I've had to battle with him to sign Disability papers and he even went as far as to say that I didn't need to be on disability because I could still work.. I think it is time to search for a new PCP. Thank for the info.

Alison.. I ALWAYS welcome your opinion along with everyone else's ! I knew I would get the advice needed from all of my friend's here !

I have decided that if I don't see anything at by the end of this week, I may have to call one more time and let them know that my Attorney will be calling next. I did sign a release form about 3 weeks ago personally in his office , so they can't say that I didn't because I did get a copy of the release I signed (smart thinking eh ??). I know that I am dealing with TOS it's being able to find a Doc that will also know about it and how to treat it ! Thank you..

Flippin out: That's how I feel now, that they are hiding something or nothing... Billing wise, I am on State insurance now.. ( Of course everyone in Mass HAS to have coverage by July 1.. NO MATTER WHAT... !)Luckily that State pays for all my medical needs.. so far... Thank You for the info...

Thank You to everyone ! I am so lucky to be able to be a part of this forum and have great friend's... I will keep you all posted...:grouphug:

I have noe idea about the MRA, but I was always under the impression that we were open to our medical records and that if we wanted a copy that a resasonable fee for copying them for us to obtain them.... please let us know how you make out with your plight!

Mark~n~Goober

Varies by State
 

The laws regarding your access to your own medical records varies by state. In my state, it is at the discretion of the physician, but in most cases granted. If the records are sent to another physician, they are usually free. If they are sent to the patient, there is usually a fee for the copies. Copies are usually made by independant medical record firms and they go to various doctors offices to perform the service. Some local docs do not want the patient to see their own records and offer to forward them to another physician on your behalf but will not send them directly to the patient.

I *always* have trouble getting my medical records. It is to the point where i ask for their form at the beginning before I even see the doctor. What has worked for me is trying to talk with someone else in the organization. I was able to find a really friendly "patient concierge" I think she was called and she would mail me forms and send things to doctors all the time for me. ANYONE ELSE in the office was rude and unwilling to do anything.

It took my about a year to get an MRI film from one place. I finally resorted to having a friend call for me and he actually ended up talking to some low level intern or something that did it without question. Everyone else was mad about it.

It is so odd really. It is almost like they think you are betraying them by seeing someone else. Excuse me, but if you actually HELPED me, then maybe I wouldn't have to go to the next moron, who will be as equally unhelpful. haha

:Demonstration:

When I encountered an office that was not handing over my daughter's records, despite phone calls in advance AND written request (they gave me a folder with about 3 pieces of paper in it. Her file, however, was 1/2 inch thick!), I stood there in the waiting room and very loudly asked, "I have requested a copy of my daughter's records, ARE YOU DENYING TO COMPLY?" They gave me a run-around answer, again. I stood my ground and again, loud enough for everyone in the office to hear, "I REQUESTED, IN WRITING, A COMPLETE COPY OF MY DAUGHTER'S MEDICAL RECORDS, ARE YOU DENYING TO COMPLY?" and the office manager came running out of her office and took care of it with a very worried look on her face.

They cannot deny you your records. Can NOT. They can charge you for them, they can make you wait to get them, up to a month is usually the limit (under the guise of having time to get the copies made), but they cannot legally deny you your records. ALL of your records, not just what the doctor decides to share.

To places that say, "The doctor has to approve this" or "the doctor has to look through to tell us what to give you", the answer is "No. I have requested ALL of my records, and I am legally entitled to ALL of my records. Every last page." If they continue to fuss, then you hit them with "If I do not receive ALL of my records, as legally requested and as legally entitled, I will file a complaint with the state regulatory board as well as discuss this with my attorney. Now, I have requested a copy of ALL of my records, ARE YOU REFUSING TO COMPLY WITH THIS REQUEST?"

You don't have to yell, or get angry, you just stand there firm, immovable, confident and controlled, no nonsense-don't mess with me attitude. Because you ARE right, and you ARE entitled to your records, without trouble, argument, delay, or fuss. Period. Usually that works, as most places get the message that they are in for trouble if they don't hop to it. Otherwise, filing a complaint with the state is free.

I have also always gotten myself a copy, for free rather than pay their fees, by telling them, I am requesting a copy for myself so I can make further copies and distribute them to whatever doctors I end up going to, without bothering you again. If you give them to me, I won't ask you to send them out over and over again as I search for the answer I need. (And if you don't, I will have to keep sending you requests and you will keep having to make copies and pay to ship them out....). Has always worked.

Any testing you had done--from x-rays to MRI's, etc, you can usually call the test place directly and get copies of not only the reports, but the scans as well. Don't have to go through the doctors for those, and these places don't care at all what you're asking for or where you'll be sending it, so they usually comply quickly and easily, no problem.