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gandalf431
Member


Reged: 04/15/04
Posts: 117
Loc: Middle Earth
Medical Records
      #224638 - 02/12/05 07:46 PM

There has been some controversy lately about an OP who thought that a patient had altered his medical records and it was causing a big stink. Most of you are probably familiar with the case. Anyway, I was wondering, if I redact my records to eliminate very personal stuff (for example the effects of pain on my sexuality or any other personal info) can this be considered altering?? The doctor's notes regarding your condition may start at the bottom of a page with info about an unrelated condition at the top for example. If I were mark out the stuff about the other condition, is this a no no?? I am not talking about altering dates or changing anything about the condition I am requesting treatment for, just personal or unrelated info.. Just wondering..

Gandalf

BTW redact means to edit for publication, in other words to take a big black sharpie and mark out a bunch of stuff..


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Benton
Member


Reged: 01/21/05
Posts: 137
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Re: Medical Records [Re: gandalf431]
      #224641 - 02/12/05 07:59 PM

I am not sure of the answer to your question but just thought it was helpful to mention that when people request their records some docs respond by saying they will forward the records to another doctor instead of giving them to the patient.

They do that so that the patient can't alter them. Personally I don't see why it would be a problem to edit out personal info, but the doctor receiving them might see it as altering.

I would email the OP you plan on sending them to and ask them since that is who's answer really matters.

I think different OP's may have different answers to this question.

B


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SandyFeet
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Reged: 03/21/04
Posts: 163
Loc: By the ocean
Re: Medical Records [Re: gandalf431]
      #224642 - 02/12/05 08:07 PM

Gandalph, I really don’t know. I can see how it may be misinterpreted. Also, I am sure doctors want to see all of your history. They might deny treatment otherwise.

Records are extremely personal. There are laws pertaining to your medical records that are designed to protect your privacy. With this in mind, why not just send your unedited records to the OP, if that is your plan. These places are staffed by professionals, at least I hope so.
I am sure they have seen their fair share of everything under the sun and more.

You could always call and ask..


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Lablady2
Banned. Found out to be Moderator at OP4L


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Re: Medical Records [Re: Benton]
      #224643 - 02/12/05 08:10 PM

Does not the patient have a LEGAL right to his/her records??? Any legal eagles on board??? Am curious as to the legal ramifiations of an MD saying he/she will pass records on to another physician rather than giving them to patient - and think this should NOT be allowed - as in YOU should have the right to have access to your records and transport them wherever you see fit!

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AngelWolf13
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Reged: 07/07/04
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Loc: w/ my '91 EG-4 in SoCal....
Re: Medical Records [Re: Lablady2]
      #224645 - 02/12/05 08:36 PM

lablady, you are absolutely correct! your records belong to YOU and you have every right to have copies of YOUR records. period! and you don't have to tell them why you want copies, it is none of their business, and i have never been asked. it isn't uncommon for anyone to want copies of their records for their personal files. i, myself, have copies of my records to look through so i can research MY own medical problems and the medical jargon pertaining to ME. also i like to study and find out more about suggested treatments and prescriptions mentioned in my records. and who knows? this sounds like a long shot, and it is, but what happens if the clinic/ doctors office catches on fire or something? are the records i have kept only there in the office paper files and computer database and no where else? i live in earthquake country, anything can happen! in these times, ANYTHING can happen. i have a right to my records. it is everyones legal right.

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looseliz
Member


Reged: 11/09/04
Posts: 170
Re: Medical Records [Re: AngelWolf13]
      #224648 - 02/12/05 08:59 PM

I called and asked a friend of mine who has worked at a medical group for a very long time. She said they cannot deny giving you your records in hand. She also said they can ask why you want a copy but you do not have to tell them why. They are your records and you have paid for them,either out of your pocket when you see the doc or through insurance. It doesn,t matter.

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JethroBodine
Enthusiast


Reged: 06/20/03
Posts: 292
Loc: Ozark Mountains
Re: Medical Records [Re: looseliz]
      #224669 - 02/12/05 10:26 PM

If any of you know any GI's about to be discharged, tell them to get all their medical records. It will be their only chance, and it may be very important someday. Even if they think there is nothing of interest to anyone, GET THE RECORDS. Back in the day, I got mine on microfilm. I suppose they can get a CD today.

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effie1
Member


Reged: 11/03/04
Posts: 107
Re: Medical Records [Re: looseliz]
      #224671 - 02/12/05 10:28 PM

They have to by law supposdly within 24 hours provide your records to you but may charge a fee. The only exception to this rule is psychiatric records where the psychiatrist may deem it would be harmful for you to view what he may have written about you. This is all in the hippa regulations and is very specific which can be found at:


http://answers.hhs.gov/cgi-bin/hhs.cfg/p...;p_new_search=1


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prettyday
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Reged: 02/09/03
Posts: 1134
Loc: Coastal Sage Scrub
Re: Medical Records [Re: gandalf431]
      #224675 - 02/12/05 10:52 PM

Quote:

There has been some controversy lately about an OP who thought that a patient had altered his medical records and it was causing a big stink. Most of you are probably familiar with the case. Anyway, I was wondering, if I redact my records to eliminate very personal stuff (for example the effects of pain on my sexuality or any other personal info) can this be considered altering?? The doctor's notes regarding your condition may start at the bottom of a page with info about an unrelated condition at the top for example. If I were mark out the stuff about the other condition, is this a no no?? I am not talking about altering dates or changing anything about the condition I am requesting treatment for, just personal or unrelated info.. Just wondering..

Gandalf

BTW redact means to edit for publication, in other words to take a big black sharpie and mark out a bunch of stuff..


that is a good question. Can you not send that page if you find it invasive and your health not threatened by the exception; that might be better...

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phialpha2000
Journeyman


Reged: 02/02/05
Posts: 77
Re: Medical Records [Re: Benton]
      #224694 - 02/12/05 11:26 PM

Your medical records belong to you. Upon request, your doctor or former
doctor MUST (for a nominal fee) release them to you, or to whomever you designate.


C'mon guys!! This is a no brainer! Don't alter medical records in any way shape or form! Regardless of your pure motives, the slightest variation from the original document is prima facie evidence of fraud. Don't do it.



PATTY
"Lord, I hate to let you go. Your body drives me wild. But you're a smoking window, and I'm a non-smoking aisle."


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gandalf431
Member


Reged: 04/15/04
Posts: 117
Loc: Middle Earth
Re: Medical Records [Re: phialpha2000]
      #224703 - 02/13/05 12:25 AM

Quote:

Your medical records belong to you. Upon request, your doctor or former
doctor MUST (for a nominal fee) release them to you, or to whomever you designate.


C'mon guys!! This is a no brainer! Don't alter medical records in any way shape or form! Regardless of your pure motives, the slightest variation from the original document is prima facie evidence of fraud. Don't do it.



PATTY
"Lord, I hate to let you go. Your body drives me wild. But you're a smoking window, and I'm a non-smoking aisle."




Well just suppose that this is personal information regarding a divorce etc.?? We all take for granted that our records are held in strictest confidence, but do we really know this?? This is not an issue yet, but I have been getting some updated records together and just had this question..

Gandalf


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SandyFeet
Member


Reged: 03/21/04
Posts: 163
Loc: By the ocean
Re: Medical Records [Re: gandalf431]
      #224717 - 02/13/05 01:54 AM

Quote:

Well just suppose that this is personal information regarding a divorce etc.?? We all take for granted that our records are held in strictest confidence, but do we really know this?? This is not an issue yet, but I have been getting some updated records together and just had this question..

Gandalf




I think I may be getting the picture, Gandalf.

Can you send part of your records. The ones that only pertain to the condition you are seeking treatment? Or is all the information muddled together.

Your medical records should be private between you and your physician. Is this always the case? I don’t know...and may not be, for instance, if there is a child custody dispute or something similar. Then, I guess medical records could be considered relevant, but I really don’t know.

If this is of great concern to you, then seeking legal advice is your best bet.
I would call the OP you are considering using and ask them exactly what they need.

Most Ops only need information pertinent for treating your condition.

Good luck and keep us informed.


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hello889
Member


Reged: 10/25/04
Posts: 137
Re: Medical Records [Re: gandalf431]
      #224725 - 02/13/05 02:25 AM

Quote:

There has been some controversy lately about an OP who thought that a patient had altered his medical records and it was causing a big stink. Most of you are probably familiar with the case. Anyway, I was wondering, if I redact my records to eliminate very personal stuff (for example the effects of pain on my sexuality or any other personal info) can this be considered altering?? The doctor's notes regarding your condition may start at the bottom of a page with info about an unrelated condition at the top for example. If I were mark out the stuff about the other condition, is this a no no?? I am not talking about altering dates or changing anything about the condition I am requesting treatment for, just personal or unrelated info.. Just wondering..

Gandalf

BTW redact means to edit for publication, in other words to take a big black sharpie and mark out a bunch of stuff..





This is something you could clarify with a Record-OP Customer service representative. I personally would leave it be, as they can not disclose any information about you due to the HIPAA law anyhow. Feel free to PM me if you ever need advice. Take care.


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Trey_McC
Old Hand


Reged: 12/07/04
Posts: 414
Loc: Mars
Re: Medical Records [Re: gandalf431]
      #224731 - 02/13/05 03:18 AM

I would never ever consider altering my medical records!

I just download them from www.medrecs.com.

Trey


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kandi
Veteran


Reged: 05/07/02
Posts: 748
Loc: Maryland
Re: Medical Records [Re: Lablady2]
      #224738 - 02/13/05 04:39 AM

Quote:

Does not the patient have a LEGAL right to his/her records??? Any legal eagles on board??? Am curious as to the legal ramifiations of an MD saying he/she will pass records on to another physician rather than giving them to patient - and think this should NOT be allowed - as in YOU should have the right to have access to your records and transport them wherever you see fit!




AMEN! Yes, we still do have the right to access , OUR OWN medical records, at least for now, for whatever reason we want to...how long Big Brother will 'allow' us this right remains to be seen, but for now, this is the law. You do not have to furnish the MD with a reason as to WHY you want them..but even knowing this, I STILL have issues with walking into my PCP's office and asking for them, especially those related to my anxiety issues. Dang, are we ALL scared of doctors???


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effie1
Member


Reged: 11/03/04
Posts: 107
Re: Medical Records [Re: kandi]
      #224766 - 02/13/05 09:52 AM

Their are protected groups within the hippa laws who do NOT need consent to discuss you or your records and some of those are pharmacies, docotrs, nurses, hospitals, nursing homes and etc. The only time you sign a release is to obtain your records or if you want your records (released)sent to another doctor in entirity, an insurance company is requested the info and etc. They can at anytime call, discuss and etc you if it pertaining to your care or providing care. For instance I called a pain management clinic and they asked my doctors names and said they would call me back. IN a few hours they did and said they called my physcian and yes my condtion does warrant pain management and just get a referral from him on my next office visit. That was a perfectly legal call the made to my physcian as they both fall under the protected group. I did not sign anything and they did not have to have anything to make that call. Sorry guys if you think they do , please read up on your hippa laws. I am a nurse and make calls all the time with no signed consent to get records from specialty physcians faxed over, to the lab for results and etc... I do not need consent.

So do not alter records as they can and will find out in a phone call! No consent needed, sorry.

FRON HIPPA WEBSITE (LINK BELOW)

Question
Does a physician need a patient's written authorization to send a copy of the patient's medical record to a specialist or other health care provider who will treat the patient?

Answer
No. The HIPAA Privacy Rule permits a health care provider to disclose protected health information about an individual, without the individual’s authorization, to another health care provider for that provider’s treatment of the individual. See 45 CFR 164.506 and the definition of “treatment” at 45 CFR 164.501.

The ABOVE from: Info Link
Limits on Use of Personal Medical Information. The privacy rule sets limits on how health plans and covered providers may use individually identifiable health information. To promote the best quality care for patients, the rule does not restrict the ability of doctors, nurses and other providers to share information needed to treat their patients. In other situations, though, personal health information generally may not be used for purposes not related to health care, and covered entities may use or share only the minimum amount of protected information needed for a particular purpose. In addition, patients would have to sign a specific authorization before a covered entity could release their medical information to a life insurer, a bank, a marketing firm or another outside business for purposes not related to their health care.

http://answers.hhs.gov/cgi-bin/hhs.cfg/p...;p_new_search=1


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Chimingin
Member


Reged: 05/25/04
Posts: 101
Re: Medical Records [Re: effie1]
      #224771 - 02/13/05 10:32 AM

About Medical Records, some of you may not know this, but where I go, the clinic is virtually paperless. I can go to their website, type in my name and password, and have immediate access to all my meds, medical records, schedule an appt., etc. from my home PC.

I've never read anyone else say this here or on any other board, but also find it hard to believe that my health care group is the only group in the Country that is online?? Anyone have this luxury?

Back to the Medical Records, do not, under any circumstances, alter your Medical Records. As docs have seen it "all" anyway, why would it bother you that there is something about your divorce or anything else in your record for that matter? Wouldn't it be better if the doc had more info about you rather than less?

JMO.


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IrieVibe
Member


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Posts: 145
Re: Medical Records [Re: effie1]
      #224772 - 02/13/05 10:34 AM

Trey -

Can you tell us a little more about the site you linked to? Such as what it contains and what is the cost?

Also, if you can get YOUR records there it appears anyone can get anyone elses records there?

Pleade fill us in.

Thanks -
Irie


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kandi
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Re: Medical Records [Re: Trey_McC]
      #224801 - 02/13/05 03:26 PM

Quote:

I would never ever consider altering my medical records!

I just download them from www.medrecs.com.

Trey [/quote

ROFLMAO!!!!!!!!!!!! Too funny, Trey!

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kandi
Veteran


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Re: Medical Records [Re: prettyday]
      #224802 - 02/13/05 03:37 PM

Quote:

Quote:

There has been some controversy lately about an OP who thought that a patient had altered his medical records and it was causing a big stink. Most of you are probably familiar with the case. Anyway, I was wondering, if I redact my records to eliminate very personal stuff (for example the effects of pain on my sexuality or any other personal info) can this be considered altering?? The doctor's notes regarding your condition may start at the bottom of a page with info about an unrelated condition at the top for example. If I were mark out the stuff about the other condition, is this a no no?? I am not talking about altering dates or changing anything about the condition I am requesting treatment for, just personal or unrelated info.. Just wondering..

Gandalf

BTW redact means to edit for publication, in other words to take a big black sharpie and mark out a bunch of stuff..


that is a good question. Can you not send that page if you find it invasive and your health not threatened by the exception; that might be better... [/quote

I would think that for an OP's purpose, anything unrelated to the actual need for the Rx requested is pretty superfluous anyway, so I don't really see how omitting some personal info would be cause for alarm. Personally, however, I would not actually alter the record, but I don't see how omitting something completely unrelated could cause any harm...but I am not a lawyer, I only play one on TV, so who knows? ;-)


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lela
Old Hand


Reged: 11/05/03
Posts: 431
Loc: Where it never snows
Re: Medical Records [Re: Lablady2]
      #224855 - 02/13/05 10:05 PM

Quote:

Does not the patient have a LEGAL right to his/her records??? Any legal eagles on board??? Am curious as to the legal ramifiations of an MD saying he/she will pass records on to another physician rather than giving them to patient - and think this should NOT be allowed - as in YOU should have the right to have access to your records and transport them wherever you see fit!




I agree but am not up on "the laws" these days. This has happened to me more than once or twice;I have moved many times. What is your advise the next time that I request them to "hand them over to me", lablady2?

--------------------
I love this site!


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Lablady2
Banned. Found out to be Moderator at OP4L


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Loc: New York City
Re: Medical Records [Re: lela]
      #224999 - 02/14/05 02:00 PM

Have never asked for them Lela - and really presently only have an opththalmologist -too many bad experiences in my family with the medical profession - try to stay away from these people.

However, you are entitled to your medical records - but most MD's prefer to mail them to your new MD - think they are afraid of "doctoring" and also like to deal "with their own"...

Just as a matter of "principal" though I am going to ask my Ophthal when I move to California to give them to ME. He is a pretty reasonable man and don't expect a hassle from him - however that can't be said for many members of the medical profession........

--------------------
User banned. Please ignore all posts made by this user. On March 25th, 2005 we found out this user is a moderator at ourprescriptions4less.com


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lmay769
Member


Reged: 03/14/04
Posts: 175
Loc: beautiful Rocky Mountains
Re: Medical Records [Re: lela]
      #225004 - 02/14/05 02:29 PM

I just recently moved and have to retrieve med records for 3 children from pediatrician, pcp for myself and husband, and my ob/gyn. I told them I was moving(not that you need an excuse, they are "your" records) and had no new dr lined up. I had no problem from any of them but I had to pay minimal fee for PCP, something like $15 per person, more from specialists, $45 peds, $30 for ob/gyn. I had a neurologist charge me over $100 once for my records, however they were very extensive, but I still thought that was ridiculous.

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PlyrLacy
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Reged: 12/29/01
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Re: Medical Records [Re: gandalf431]
      #225029 - 02/14/05 03:53 PM

gandalf431 ... there is a BIG difference between altering and editing. Editing is legal. Your entire record is not necessary, as you already know. Some of us would be faxing for weeks if that were the case! LOL!

Altering involves changing the date of an exam, changing the dose of a medication, changing the diagnosis ... there is a common factor here, changing!!

Editing only involved providing the information necessary for the physicians. Originally OPs were used to supplement medical care. You had to show that you were being treated for the ailment and the medication you had been prescribed. The OP would NOT script a medication at request that you had not taken and could not prove in your medical records. Seems things have changed. Anyway ...

I would cover any information in the records which does not specifically address the reason for OP usage. As I read here, there may be something on the top half of the page that is not necessary to reveal for an OP purpose, but the bottom of the paper is necessary. Cover it with a sheet of typing paper and submit the bottom and next couple of pages as necessary. This is not changing the record.

Seems reasonable. If questions remain I would call the CS at the OP and ask directly. Best from the horses mouth!

--------------------
"Lacy"

Work like you don't need the money, love like you've never been hurt and dance like no one is watching.



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lela
Old Hand


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Loc: Where it never snows
Re: Medical Records [Re: Lablady2]
      #225137 - 02/14/05 08:28 PM

Thanks for the replies lablady and Imay. I think when I move, which is very soon, I will just go in and ask for them to give them to me even when they say they will need a doctor to transfer them to. I'll just see what happens....

--------------------
I love this site!


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verify
Stranger


Reged: 12/05/04
Posts: 20
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Re: Medical Records [Re: gandalf431]
      #225640 - 02/16/05 11:18 AM

I'm still stuck on the "stink" caused by someone "altering" records for an OP. What thread is this? I can't find what's going on...must have missed it.

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