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Thread: How do I get my medical records?

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    drboris's Avatar
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    Post How do I get my medical records?

    How do I get my medical records?
    US citizens have a legal right to receive copies of their medical records (see "If patients request copies of their medical records as permitted by the Privacy Rule, are they required to pay for the copies?"). Simply request a copy from your physician's office. If they say they will only send them to another doctor (which has been known to happen) then remind them that it is your legal right to receive a copy of your records on request. Legally they are allowed to charge a small fee to cover the cost of making the copies.
    Did this not answer your question? Someone in the forums might be able to help. Please post your question in this thread.

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    I have about a billion questions about Medical Records... Hell, I've even got questions about why & how I have so many questions about Medical Records... But, for the sake of productivity & conciseness, I'll just ask two questions that I feel I would really benefit most from having the answers to...

    1) Can you order a copy of your medical records (particularly psychiatric-related medical records) online, & if so, how do you go about doing that?

    2) If you request your medical records from a psychiatrist whom you're no longer the patient of, do they still have to send you the records that they have? If they're not obligated to under normal circumstances, what if you requested those records from them in writing (using a release form they provided you with) while they were still acting as your psychiatrist... Does that change the situation?

    Infinite thanks to anybody whose able & willing to answer one or both of these questions for me.

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    I don't know anything about ordering medical records online. Not all medical records are kept online. In fact, I don't know that any are kept online. Even if they are, they'd be in a closed loop system, something that you're not able to access. But if you're trying to get access to records of your seeing a psychiatrist that you're no longer seeing, then they should be required to send you copies if you fill out the appropriate paperwork and have a valid reason for needing the records (say, you need them because you're switching doctors and your new doctor's office needs copies for their records). I think by law they're required to give them if you follow protocol.

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    NYJets is offline Honorable Member
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    I could be wrong here, so take this with a grain of salt.

    I believe physicians are required to keep medical records of all patients for a number of years (I believe 7, but I could be wrong there)

    As for records being online, there are some that insurance companies report to a database. This is mostly for scheduled drugs, so if you wanted to apply for insurance, they would be able to see if you are a big risk. This is called the Medical Information Bureau (MIB). You are allowed to get a copy of your file once a year for free. You can learn more here Request Your MIB Consumer File - MIB Group, Inc.
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    I got this information from myphr.com:
    Contact your doctors’ offices or the health information management or medical records staff at each facility where you received treatment. Find out if your provider has his/her own plan for helping patients to create pesonal health records (PHRs). Ask if your records are in an electronic format that you can access yourself, or if you need to request that they make copies for you. Also, ask your physician or health information management professional to help you determine which parts of your record you need. If you want medical records kept by your health plan, contact the plan’s customer service department.
    Ask for an "authorization for the release of information" form. Complete the form and return it to the facility as directed. Most facilities do charge for copies. The fee can only include the cost of copying (including supplies and labor), as well as postage if you request the copy to be mailed. It can take up to 60 days to receive your medical records, so ask when you can expect to receive the information you requested.
    Now, since the above info says that the facility "may charge" a certain amount for you to have a copy of your medical records, this should be an amount for copying and mailing the records not as payment for searching or retrieving your records.

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    I run across medical records a lot in my business and I can positively tell you that there is no affirmative duty on medical providers to keep or transmit medical records via electronic means. That said, there are more than a few services that will do all of the legwork for you (in exchange for a somewhat tolerable fee) in collecting the records and those services will scan the records and forward them to you (actually most scan them to their website and you log-in and download them).
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    Went to the MIB website,but am a little confused. What do they mean by "individually underwritten life, health, or disability income insurance"? Does this exclude health plans offered through most employers? I don't want to spend 2 hrs on the phone with them requesting records they don't have.
    This job would be great if it weren't for all of the f**king customers.

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    This might help clear some issues up.

    This is a state by state, "by the law" offering.

    State by State Medical Records Copy *Law*

    You have a right to your records, but they have a right to make it a pain in the behind to get them
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    djmcheme is offline Banned Reason: Attempting to sell through PMs
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    I would like to see a pain management specialist and request my records from my orthopedist. Will the orthopedist instantly stop giving me my scrips?

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    sixty9blunts is offline Member
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    Just go to the clinic/hospital you normally go to, and ask them for a copy of your records. If they ask why you need them, tell them you'd like to keep a copy of your records at home for insurance purposes. Some places charge a fee though. But as far as I know, they're REQUIRED to give them to you when you ask for them.

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    I have tried to get my medical records and my doctor has refused them. I have actually threatened to hire a lawyer. They still continue to hold my records hostage.

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    Quote Originally Posted by Debbie1989 View Post
    I have tried to get my medical records and my doctor has refused them. I have actually threatened to hire a lawyer. They still continue to hold my records hostage.
    OK - assuming you and the records you need are in Kansas, you might look at the Kansas State Board of Healing Arts - ksbha.org

    Go to the Statutes page and click on "Release of Patient Records Section"

    It explains the law and how to deal with health care providers who refuse to provide records. There's lots of info on this site, including e-mail and phone contacts for complaints. Have you submitted a written request? If not, that's the first step. You may want to send the request by certified mail, especially if you think your old doc is going to stonewall you.

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    sometimes, u have to contact ur state board of medical doctors. do google search. that action usually tips the scales in ur favor. he will be so angry, however. actually, a doctor of mine pulled this on me. i complained, anonymously i thought. he had a simmering or pre-existing file of complaints. he was one day short of retiring, complaint free. my complaint caused him to lose his license. and be in newspapers.
    i did not mean to do it. i just needed my records.
    i gotta say social security disability will not tell u why they give disability. even with freedom of information act. at least in my state. at this time. or so they say. i cannot imagine not winning on this matter in court. but, it will cost u.

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    Quote Originally Posted by wholesum View Post
    OK - assuming you and the records you need are in Kansas, you might look at the Kansas State Board of Healing Arts - ksbha.org

    Go to the Statutes page and click on "Release of Patient Records Section"

    It explains the law and how to deal with health care providers who refuse to provide records. There's lots of info on this site, including e-mail and phone contacts for complaints. Have you submitted a written request? If not, that's the first step. You may want to send the request by certified mail, especially if you think your old doc is going to stonewall you.
    Thanks for your response. I should have mentioned that I just moved to Kansas in December from Indianapolis, IN. The doctor in Indiana is giving me a hard time. I will try and look at Indiana's state page and see if there is some infomation there.

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    yeah, as was stated above, i went to a few of my recent doctors to get my records...often times, they'll charge you like $10 or $25 because the poor doctors aren't gouging us enough (yeah i realize the insurance companies are ****ing them over, but shit shouldn't roll downhill in this situation)...anyways...there were some doctors i saw that weren't relevant to my pain treatment so i didn't bother with them

    it will usually take the places 2-3 days to get your records ready for you...i really don't know why printing something they should already have put together takes more than 5 minutes...it seemed like one of my doctors didn't have any notes on me and made me wait about a week so he could "go over" all of the notes he's made on me...that seemed a little odd

    they often seem hesitant because they may think they're losing you as a patient, but plenty of people like to keep copies of their records...you can also petition to have certain things that you may have not realized were written about you taken out of the permanent records

    but i really don't understand the overall medical system...everyone tells me that every new doctor can see my previous records because now everything is recorded online...i haven't met a doctor to date that has a clue about anything in my past other than what i tell them

    to the poster above, the doctor has to give you the medical records...i'm not positive, but i would assume that could be argued to go against HIPPA guidelines and have him disbarred (depending on your lawyer)

    either way, i'd try the route mentioned above, but if that doesn't work you can always talk to a lawyer for free by contacting the state bar association...depending on how you feel about this/your money situation, you could always hire a lawyer for whatever their minimum is and have them draft a letter to the doctor basically forcing his hand

    if it was me, i'd probably contact the state medical board first to find out my options...you have a number of free options and he is illegally holding the records from you so it may take a little time, but you should be able to get them without too much hassle...btw, after finally getting my records (document every conversation you have with him or his nurses and the date/time/who you talked to), i would report him to the state board...when you call them to explain that he is refusing to give you a copy of your records, also record the day/time/person you talked to...you want as much of a paper trail as you can possibly have
    Last edited by burner; 05-15-2011 at 12:21 PM.

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    Quote Originally Posted by tinmuning View Post
    I got this information from myphr.com:


    Now, since the above info says that the facility "may charge" a certain amount for you to have a copy of your medical records, this should be an amount for copying and mailing the records not as payment for searching or retrieving your records.
    should be is certainly the optimum choice of words here...i went to my doctors offices so they didn't have to spend any money shipping the records and all they had to do was print them (one place the guy writes everything by hand so they just had to make copies) and i was still charged quite a bit (IMO) for what they did...i mean kinkos is probably about 20-30x cheaper and they're a pretty big ripoff




    btw, debbie...i wouldn't ever threaten to hire a lawyer in any situation...since this doctor sounds completely unethical, he may change your medical records or be even more difficult until you actually have a lawyer handling things

    it's just kind of showing your hand before you need to

    it also rarely works...especially if you are young (i'm assuming you're 21 or 22 based on the 1989 at the end of your name)

    just something that may help down the line...you always get the jump on people, don't let them get the jump on you...you show that you're in complete control of the situation by not using threats like that, but by following through (without first notifying) if necessary...then you're in the position of power while the entire time he's been trying to manipulate you for the position of power

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    Quote Originally Posted by riverstyx View Post
    sometimes, u have to contact ur state board of medical doctors. do google search. that action usually tips the scales in ur favor. he will be so angry, however. actually, a doctor of mine pulled this on me. i complained, anonymously i thought. he had a simmering or pre-existing file of complaints. he was one day short of retiring, complaint free. my complaint caused him to lose his license. and be in newspapers.
    i did not mean to do it. i just needed my records.
    i gotta say social security disability will not tell u why they give disability. even with freedom of information act. at least in my state. at this time. or so they say. i cannot imagine not winning on this matter in court. but, it will cost u.
    That's a great idea to apply a little leverage with the Dr if they are giving you a hard time. Personally I have never had a problem as long as the Dr office manager is approached in a friendly way and have also had to pay a small fee, but did get them.

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    PeaceOfMind is offline Junior Member
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    Of course everyone is legally due their own medical records. Peeves me when any type of doc tries to stonewall. Like it is their property and not yours. Persistance is key and a good reason to not return to that doc if they aren't playiing nice.

    As an aside it is a good idea for everyone to review your own blood lab work and other records every now and then. For example I am a female and in my day not a bad athlete.With a new doc I tested on the upper end of the normal creatinine level in my blood. This would suggest potential kidney damage. She sent me to a kidney specialists, had to do all sorts of tests. Turns out the specialists came to the conclusion I am naturallly more muscular then most females causing me to have a higher creatinine level and thus normal for me.

    Had I looked back in my lab work I would of noticed 20 years ago I had tested at the same level for creatinine. If your kidney is damaged that levels slowly goes up. In hindsight had I known I already had a naturally high creatinine I would of never agreed to all the specialists appts and stuff. Sorry for going off topic a bit here.

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    @pieceofmind If my memory of whatever I learned from medical jurisprudence serves me right, medical records is a property of the doctor, not the patient. But the doctor has to maintain confidentiality of the person's record and has no right to distribute, use (other than diagnostic purposes) them without the patient's consent.

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    I have been able to get a copy of my records by telling the doctor I was moving and wanted to take them with me.

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