Medical Records Question

[mlo]

I was in an accident about a year back and had to visit the ER and a couple different doctors offices. As of now my lawyer is waiting for the insurance company to come back with a settlement offer. The ER I visited keeps sending me bills even the the accounts should have a lien on them. If a patient is not in good standing with a hospital or doctors office will they not allow medical records to be released? Or is there a law prohibiting them from doing so?

[crueheads]

It's my understanding that the records are YOURS and they have no right to withhold them from you. Although they might squawk a little.

If they are aware that the bills are part of an active court case, they really shouldn't be overly aggressive on collection.

On that same note, if they won't turn them over have your lawyer pen them a LL

EDIT I just did a quick Google search and sure enough in almost all cases medical care providers are required under Federal and likely State law to turn over you medical records to you, there are very, very few exceptions to the rule and having a balance due is not a valid exception. They can charge you a nominal fee and request ID but beyond that they have to release them to you upon request.

[cajunbulldog]

In your case I would ask lawyer to request them for you as they won't turn him down.

[Rhino236]

Hey guys I have a medical records question. I moved and I called my old doctors office for a refill. They kinda blew me off and I called the receptionist a bitch lol. And they said I was discharged from the office. Are they allowed to throw out my medical records??

[Lynx4]

Hey guys I have a medical records question. I moved and I called my old doctors office for a refill. They kinda blew me off and I called the receptionist a bitch lol. And they said I was discharged from the office. Are they allowed to throw out my medical records??

No, they can not throw out your records. They have to keep them for a number of years. If you are concerned, send them a letter or fax stating that you would like to have a copy of all records, tests and doctors reports, sign and date it and send it in. They can't by law say No; all they can do is make you pay for the copies.

On one occasion I went into my doc's office and asked for my records and they asked for a note from me so I wrote a short and sweet note and signed/dated it. Another time I needed a dentist's records so I faxed it to them, signed and dated it and asked that they fax the records to our new dentist, which they did on the same day.

So no worries. You also don't have to give a reason why you want the records but if they press you simply say you keep a copy of all records at home in case of natural disasters (hurricanes, earthquakes, etc.).

[ntrl]

you can get your records , i believe its a law ... if they hassel u just tell them you would have no choice but to report them .. i bet you'll get them then !!

[naynay]

I was in an accident about a year back and had to visit the ER and a couple different doctors offices. As of now my lawyer is waiting for the insurance company to come back with a settlement offer. The ER I visited keeps sending me bills even the the accounts should have a lien on them. If a patient is not in good standing with a hospital or doctors office will they not allow medical records to be released? Or is there a law prohibiting them from doing so?

@mlo....I was in your situation not too long ago. Due to the fact you were involved in a car accident the ER and the other Dr's offices should have had you listed as a "no-fault" patient so bills could be sent directly to your attorney.

All you have to to to remedy this, is gather all the bills that were sent to you, forward and forward them to your attorney's office. If your accident was a year ago, I'm sure by now your attorney has had you sign a medical release form. This form allows the ER and Dr's offices to release your medical records to your attorney on your behalf. This gets your medical records to your attorney much faster than you calling to get them yourself; and after all it is your attorney's job to do this leg work for you . Once the ER and Dr's offices receives the formal request for your records by your attorney with your signed consent they will promptly "hop to it"....after all....at the end of the day the billing dept's main concern is getting paid not holding your records hostage.

Good luck with your case and I hope it all turns out in your favor

[Bellavista44]

@mlo. AMA Ethical Opinion 7.02 prohibits withholding records due to an unpaid balance. You may download AMA ethical opinions as part of the AMA Policy Finder on the AMA's Web site at American Medical Association - Physicians, Medical Students & Patients (AMA), or you can purchase a copy from the AMA by calling (800) 621-8335 or visiting AMABookstore.com.

[BlindBucky]

I would honestly just call up the billing department and explain the situation. Sometimes, even making small payments can eliminate the calls while the case is pending. In some states, insurance companies have to make payments on medical bills pending litigation/settlement if they reasonable believe they'll be liable for them in the end.

[misstrepidation]

You are entitled to your medical records no matter what.

I hate hearing about this sort of BS because 75% of the time people don't receive their records because the administrative people just don't get around to it or they don't like dealing with legal situations or they don't like dealing with practices outside their networks blah blah blah.

Also, a lot of places like to try and charge you a fee anywhere from $20-$50 for getting you copies of your records and they are NOT allowed to do this. At least for the first set you request (and who is gonna ask for multiples when you can copy the first yourself right?). If you request 5x sets of records then be prepared for a fee but they cannot bill you for your initial request for 1 set of records. Be firm when they come at you asking for fees and don't back down.

As far as continually getting bills for stuff that is being legally worked or stuff that's not billable, well, that's just one of many flaws in the medical billing industry (I have experience in this area that makes me SO nauseous... ugh).