Client's right to medical records

[Kajabada]

Hello everyone! I have a doula client (as of 1 week ago) who is now 39 weeks and who is considering changing OBs. Her current OB will give her a copy of her medical records if she gives him a letter of intent to switch providers, but the new OB will only make an appointment after receiving a copy of the medical records. This means that she would possibly be left without an OB between the time she gives the letter of intent to the current OB and the time she has the appointment with the new OB.

So my question is, does she have a right to request a copy of her medical records without giving a letter of intent to switch providers? The HIPAA law states that she has a right to a copy within 30 days of the request, but does she have a right to an immediate copy?

Thanks for any help or resources to answer this question!

Katherine

[patchynurse]

you have a right to obtain your medical records whenever you ask. You have to follow the policies of the place that has them though. sometimes it's just 24 hours notice.

[jengacnm]

Records between HCPs are free; records a patient requests may involve a small fee, like $10-20.

[Bellejar]

You should have the provider request the records, it will go faster then.

[blessed]

She can provide a letter of intent regardless of whether the other OB has seen her yet. That should address the problem.

[ksera05]

I just switched OBs. I went into the new OB practice about 14 days before my appointment and filled out the forms to have them request my records. I then called the old OB office, told them I needed to cancel my appointments and that I was moving to a different office. It was easy.

[Kajabada]

Thanks for your perspectives, mamas.

I guess the issue is that she is 39 weeks and thus can go into labor at any moment. The new office would not take her as a patient without a hard copy of the records in hand, and the old office would not give her a hard copy of the records (immediately) without a letter of intent (as per HIPAA, they would provide it within 30 days). I think this is a pressure tactic on the part of the old office.

Is there another law (besides HIPAA) that delineates a patient's rights to her medical records?

My client plans to call the new office in the morning and see if they can facilitate the record transfer somehow.

Have a great day!

[KariM]

I'm not a birth professional, but it appears that according to California Health & Safety Code Section 123100 a patient has a right to receive his/her records within five working days.

http://www.medbd.ca.gov/Medical_Records_Access.htm

[mclisa]

Originally Posted by jengacnm

Records between HCPs are free; records a patient requests may involve a small fee, like $10-20.

that's what I've seen.