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  #7  
Old 01-25-2007, 11:07 PM
Mike Tyner
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Default Re: Am I entitled to ALL my records?


"Scott Seidman" <namdiesttocs[at]mindspring.com> wrote

- quote -

> 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


Alt 01-25-2007, 11:07 PM
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  #6  
Old 01-25-2007, 12:25 PM
Scott Seidman
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Default Re: Am I entitled to ALL my records?

Anon E. Muss <anonymous[at]example.org> wrote in
news:ichgr29hulcrbp18dif36snkmpiormqjgf[at]4ax.com:

- quote -

> 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


--
Scott
Reverse name to reply
  #5  
Old 01-25-2007, 05:03 AM
Anon E. Muss
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Default Re: Am I entitled to ALL my records?

On Wed, 24 Jan 2007 13:46:26 GMT, "Charles" <nospam[at]nospam.com> wrote:

- quote -

> 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.

- quote -

> 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.

- quote -

> 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 ass") that are not part of your exam
findings that you would not be normally entitled to.
  #4  
Old 01-24-2007, 09:27 PM
Scott Seidman
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Default Re: Am I entitled to ALL my records?

"Dr Judy" <mpace99[at]rogers.com> wrote in news:1169670486.177400.164900[at]
13g2000cwe.googlegroups.com:

- quote -

> I forgot in the earlier post that transfer only applies if the fit was
> completed. If still in process and no "final" pair of contacts is in
> use, the waters a little muddier and any outstanding fitting fees may
> need to paid before records are released.
> Dr Judy

In the US, I'm pretty sure it would be a HIPAA violation to withold medical
records pending payment of fees, other than copying.

--
Scott
Reverse name to reply
  #3  
Old 01-24-2007, 07:28 PM
Dr Judy
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Default Re: Am I entitled to ALL my records?

We seldom charge either as I usually just provide a short record
summary recording most recent lens in use to the new doc. In one or
two cases where the patient wanted the whole record sent we charged $10
plus $0.10/ page copying.

My mother faced a $40 charge to get a copy of her 40+ year records when
her family doctor retired.

I forgot in the earlier post that transfer only applies if the fit was
completed. If still in process and no "final" pair of contacts is in
use, the waters a little muddier and any outstanding fitting fees may
need to paid before records are released.

Dr Judy

On Jan 24, 12:50 pm, William Stacy <wst...[at]obase.net> wrote:
- quote -

> I wonder how many docs charge for this, and how much is usual. I never
> have, and maybe I'm missing the boat...
> Dr Judy wrote:
> > You may
> > still have a fee to pay the old doctor.
> > Dr Judy- Hide quoted text -- Show quoted text -

  #2  
Old 01-24-2007, 05:25 PM
Scott Seidman
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Posts: n/a
Default Re: Am I entitled to ALL my records?

William Stacy <wstacy[at]obase.net> wrote in news:V%Mth.75342$wP1.71458
[at]newssvr14.news.prodigy.net:

- quote -

> I wonder how many docs charge for this, and how much is usual. I never
> have, and maybe I'm missing the boat...
> Dr Judy wrote:
> > You may
> > still have a fee to pay the old doctor.
> > > Dr Judy
> > >
From http://findarticles.com/p/articles/m...57/ai_n6068597
****
The preamble to HIPAA privacy standards section 164.524 (c)--Provision
of Access further states:

We clarify this provision in the final rule. If the individual
requests a copy protected health information, a covered entity may
charge a reasonable, cost-based lee for the copying, including the
labor and supply costs of copying. If hard copies are made, this
would include the cost of paper. If electronic copies are made to a
computer disk, this would include the cost of the computer disk.
Covered entities may not charge any fees for retrieving or handling
the information or for processing the request. If the individual
requests the information to be mailed, the fee may include the cost
of postage. Fees for copying and postage provided under state law,
but not for other costs excluded under this rule, are presumed
reasonable. If such per page costs include the cost of retrieving
of handling the information, such costs are not acceptable under
this rule (emphasis added).
****

So, while state mandated fees can be superceded by HIPAA, HIPAA generally
classifies state mandates as "reasonable". States vary, but a handling
charge of $10-$20 plus a per page in the range of $0.25-$1.00 are not
atypical.

Personally, I think it would be great if the doc's office did this as a
courtesy. If the office really needs to recover costs, something akin to
1 hours base pay for a receptionist plus 10-15 cents a page sounds very
reasonable.

--
Scott
Reverse name to reply
  #1  
Old 01-24-2007, 04:50 PM
William Stacy
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Posts: n/a
Default Re: Am I entitled to ALL my records?

I wonder how many docs charge for this, and how much is usual. I never
have, and maybe I'm missing the boat...

Dr Judy wrote:

- quote -

> You may
> still have a fee to pay the old doctor.
> Dr Judy
 
Old 01-24-2007, 01:16 PM
Dr Judy
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Posts: n/a
Default Re: Am I entitled to ALL my records?



On Jan 24, 8:46 am, "Charles" <nos...[at]nospam.com> wrote:
- quote -

> 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"?

Don't know the laws where you live, but in Ontario, Canada, you are
entitled to the information contained in the records but the physical
record belongs to the doctor. The doctor is required to provide a
summary of the records or a photocopy of them to you upon your request;
you must allow sufffient time for copying and the doctor is allowed to
charge you a fee for copying or for preparing the summary report.

Walking in and demanding will not allow time; call ahead and be
prepared to pay. If you are switching doctors and don't want to
confront the old doctor, the new doctor can request a summary. You may
still have a fee to pay the old doctor.

Dr Judy

  #-1  
Old 01-24-2007, 12:46 PM
Charles
Guest
 
Posts: n/a
Default Am I entitled to ALL my records?

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"?

--

 

Tags
entitled, records
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