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.