Nova_Express
Stranger
Reged: 04/28/03
Posts: 8
Loc: I-35 Corridor, suburbia's para...
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Hello everybody, Im a new member of this enlightened community. This is my first post and already I have a favor to ask: Does anyone know where the actual HIPAA statute or law or bill is on the internet, or even better where it is written in that document that each person has the right to a copy of his/her medical records? Im closing in on the due date for my first refill from Meds123 and have been unsuccessful at getting my records from my doctors. Two office managers have flatly refused, one even called the doc out of a consult to back her up. They are citing HIPAA as the reason! Its getting frustrating and Im to the point where Im ready to walk into one of the offices with a copy of HIPAA in hand to demand my records. I hope its really true that I have that right and that the actual article is spells that out in a way that a medical office manager can clearly understand. All that Ive been able to find so far with my internet searches are overviews and compliance guidelines. Id greatly appreciate any help with this.
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needinfo
Enthusiast
Reged: 03/19/03
Posts: 259
Loc: South East USA
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Are you sure you want the WHOLE thing?
Try this:
http://aspe.hhs.gov/admnsimp/
Here's another:
http://www.whitehouse.gov/omb/fedreg/
Take care and Good Luck.
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The older I get the more I NEEDINFO.
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Nova_Express
Stranger
Reged: 04/28/03
Posts: 8
Loc: I-35 Corridor, suburbia's para...
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Thanks Needinfo! I'll be working through it right away. http://aspe.hhs.gov/admnsimp seems to have what I'm going to need. I really appreciate your help with this.
NE
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toe
Pooh-Bah
Reged: 10/09/02
Posts: 1422
Loc: MidWest USA
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Everytime I've seen a doctor in the past couple of weeks I've been handed a copy of this.
Does this really change anything? I've skimmed through it and it basically seems to be about the same sorts of entitlements to break confidentiality that have been in place (I think) for as long as I remember. The right of a doctor to break confidentiality if the patient is thoiught to be putting himself or someone else in danger is an oldie. . .
I did notice that when I went and saw my doctor at the student health center for a follow up after an ER visit for a spine injury, he had not opnly the reports from last Friday and Saturday, but also the one from a month ago when I accidentally OD'ed on Soma. When he mentioned "3 visits" to the ER I was surprised, since the follow up was only supposed to pertain to my back injury last week. Is this a result of HIPPA?
Does it means that every doc I see in my PPO now has access to every file of every other PP service I use? Can anyone give me more possible examples of the effects of this new policy?
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"It's the end of the World as We Know it. . ."
-REM "and I'm seeking asylum in Canada"-toe
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needinfo
Enthusiast
Reged: 03/19/03
Posts: 259
Loc: South East USA
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Nobody understands it yet and these are only amendments to the rules and regs of the Health Insurance Portability and Accountability Act of 1996, thus "HIPPA".
My wife works in an e-room and if someone calls the hospital and asks to speak to Patient "X" they have to look up their records to see if they can even ACKNOWLEDGE that there IS a Patient "X" admitted to the hospital! (Clergy excluded on that point, I believe.)
Like anything else, these amendments are going to have to be sorted out. It is my belief, however, that the patient's records belong to the PATIENT.
TC&GL all.
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The older I get the more I NEEDINFO.
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Boobetty
Veteran
Reged: 12/30/01
Posts: 626
Loc: The windy City...Boo:)
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Toe..try the fact sheet...
http://www.hhs.gov/news/facts/privacy.html
just the facts jack!!! I also feel that our records are ours but unfortunatly the govenment..is peaking around the Bushes to Moniter your medical condition...the war on drugs and all..
Toe also if you told the ER doc that you will follow up with this clinic/doctor..they will send them a copy of your record that you were there...when ever I go to the ER they ask me who my PCP is..I tell them and they submit the record to him...other then that there should be no reason why he should know that you were at the ER...
Boo
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living with pain is not living at all.  Boo
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prettyday
Threadhead
Reged: 02/09/03
Posts: 914
Loc: Coastal Sage Scrub
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O.K., this makes me angry. You have the right to your records. They have the right to charge some nominal fee for the copying of such, which is really a holdover from the dinosaur days of Xerox when copying was much more expensive.
Whatever.
I wonder how many people are beginning to go in to their doctor's office and request their records, for purposes
of verification with OPs.
We are probably the very small tip of a very large iceberg.
You know, you didn't mention if you had been treated for pain or had problems with the treatment plan of this particular doc.
Don't post that please, PM us.
I am thinking that no-one likes to give up power, esp. some drs., offices and pharmacists. We all know many wonderful tireless and compassionate med professionals as well...
That being said, if all the nice ones were there, we would not be here.
You know, if you say,
"I would like to sign a release form so that I have a complete copy of my records for my own files."
They are really jerks if they still question you.
I will PM you a little later--if that's OK.
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First they ignore you, then they laugh at you, then they fight you, then you win.
- Mahatma Gandhi
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phinny
Enthusiast
Reged: 04/09/02
Posts: 247
Loc: Canada
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Correct (almost). You have more than a right to your records - they are YOUR records - period. Physicians have placed themselves too high on this imaginary pedestal. Yes they may charge you photocopying, but they cannot deny you access. Oh BTW, Nova - welcome to the club!
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Sherman, set the way-back machine to 1970.
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moonshade
Old Hand
Reged: 12/01/02
Posts: 458
Loc: searching for my lost shaker o...
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You are entitled to a copy of your medical records.
I believe the doctor's office can make you wait up to 30 days for them, technically? (not sure, don't quote me)
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*** insert profound statement here ***
Edited by Mod (05/04/03 04:09 PM)
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needinfo
Enthusiast
Reged: 03/19/03
Posts: 259
Loc: South East USA
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I have been going to my local doc every 3 months for 20 years for the "High Blood." I can guarantee that my "Med Records" consist of 2-3 pages (front and rear) that consist of:
kjssdfjaktqn;qnnppqignjqj894uihp8o56p
a;lsrj;wiuwunqp[u5obpqo5b
m;liurponv[o5uyb5o b[ op5b yb[p5o6bq
vl;ieutunoi5vpio5u6quv 5o6
mlvvi5i v5oivu6 aoiu6 oqi ub3b
avl;i5u64u6npoi5u vo5u6nv5e6
v;ieuni5eu 6boi5uvb6;oi5u6qpi5eu6bqoi
lviu4 toi ab u6;ibu 6;5ibau6 346
vslei4q i5bv6u vw6i
Because the MDeities believe that they are the only ones who know ANYTHING!
AND, if I do have to pay for it in antique X'rox prices, it would be Sixty (60) CENTS.
Evening, All.
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The older I get the more I NEEDINFO.
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Nova_Express
Stranger
Reged: 04/28/03
Posts: 8
Loc: I-35 Corridor, suburbia's para...
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I really appreciate all the interest and support on this! The dead end feeling was starting to creep up on me with this. Heres what I found with the links that Needinfo provided:
in § 164.524 Access of individuals to protected health information.
Quote:
Except as otherwise provided in paragraph (a)(2) or (a)(3) of this section, an individual has a right of access to inspect and obtain a copy of protected health information about the individual in a designated record set, for as long as the protected health information is maintained in the designated record set, except for: ...
the exceptions are for psychotherapy notes (I think thats strange), records put together for litigation, research notes and some laboratory notes. One caveat I found is that the records may be withheld if a licensed health care professional thinks it might be dangerous to the patient or someone else, but that can be contested with HSS.
Anyway, heres the part of HIPAA that Im going to be showing to my doctors office manager tomorrow:
Quote:
§ 164.524
(b) Implementation specifications: requests for access and timely action.
(1) Individuals request for access. The covered entity must permit an individual to request access to inspect or to obtain a copy of the protected health information about the individual that is maintained in a designated record set. The covered entity may require individuals to make requests for access in writing, provided that it informs individuals of such a requirement.
It goes on to say that they have 30 days to respond. So I may still end op going to a third doctor just to get my OP refills. And Im sure Ill be burning a bridge with my #2 doctor but perhaps Ill have helped out the next patient who wants his or her records.
NE
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moonshade
Old Hand
Reged: 12/01/02
Posts: 458
Loc: searching for my lost shaker o...
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Nova: I'd bet money there's something in those medical records the doctor has written, that does NOT want you to see !! Bring that paper in with you, and give him a day to "alter"his records. You'll probably get them the next day!
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*** insert profound statement here ***
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Nova_Express
Stranger
Reged: 04/28/03
Posts: 8
Loc: I-35 Corridor, suburbia's para...
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Heres my conclusion to this little episode: I did go back to the doctor's office with HIPAA in hand, all highlighted and ready to go, but never got a chance to present my case. They had my last PE copied and ready to go and acted like it had been their ideal all along! So I figured why start a fight, signed the release and got the heck out of there. The PE looks kosher, hope the OP feels the same way.
NE
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ellen1
Enthusiast
Reged: 07/03/02
Posts: 229
Loc: N. Calif.
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Good for you, Nova!
I just had to go through all this HIPAA training. Obviously, your Dr's people hadn't yet gone through their REQUIRED HIPAA training module. (it's on computer). Or, they weren't paying attention. It IS a badly set up and written course that you can pass without knowing anything. And, that you can read carefully without understanding anything, either.
I'm glad you got what BELONGS TO YOU. But, if they'd had any suspicion of what it was to be used for, they wouldn't have given it to you. (supercilious hypocrites).
I was going to suggest that, if they refused you again, that you threaten to report them for violation of the HIPAA Act. or at least politely ask them if this is a violation of the HIPAA Act.That's what probably happened. Someone who actually read the statute told the "people" what kind of trouble they could get into for refusing you your legal rights.
All this privacy and Med Records stuff has been in general practice before, as was said by others. But now it's Federal, spelled out legally (if not clearly), and there are some really nasty penalties for violation.
P.S. RE HIPAA: What's really interesting is that, although they have to get your permission for your participation in experimental procedures, they don't HAVE to tell you ANYTHING ELSE about it. Even if you suffer a bad outcome. I'll bet the Drug Companies are behind that codocil, fears of proprietary infringement & all.
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Boobetty
Veteran
Reged: 12/30/01
Posts: 626
Loc: The windy City...Boo:)
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Hello looks like a small little wrinkle in there system starting ...will it work or will it now...Looks like our patiant rights are being looked at, at least maybe this whole thing might just end right back up in the courts again...
http://www.ama-assn.org/sci-pubs/amnews/pick_03/gvsd0505.htm
Boo
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living with pain is not living at all. Boo
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Nova_Express
Stranger
Reged: 04/28/03
Posts: 8
Loc: I-35 Corridor, suburbia's para...
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After looking the act over, I really felt some sympathy for my #1 doctor. He and his whole office are foreign-born. Their English is adequate but the labyrinthine HIPAA would have to be a real problem for them. Hes always been quite generous as well as competent and I wouldnt want to make any trouble for him.
NE
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